BRIGHT, Senior Circuit Judge.
David Scogin brought suit against Century Fitness, Inc. (Century), alleging that he was assaulted and battered or negligently struck and injured by Tony West, a Century employee, acting within the scope of his employment. The parties tried the case in federal district court before a six-person jury, which returned a special verdict in a bifurcated submission. The jury determined that Century's employee did not assault Scogin but that...
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