FLOWERS v. CAMPBELL

84-226-L; CA A37284.

725 P.2d 1295 (1986)

81 Or. App. 437

Henry FLOWERS, Appellant, v. Steve CAMPBELL, Floyd Taylor and Montgomery Ward & Co., Inc., an Illinois corporation, Respondents.

Court of Appeals of Oregon.

Decided September 24, 1986.


Attorney(s) appearing for the Case

Robert L. Chapman, Medford, argued the cause and filed the brief, for appellant.

H. Scott Plouse, Medford, argued the cause and filed the brief, for respondents.

Before BUTTLER, Presiding Judge, and WARREN and ROSSMAN, Judges.


ROSSMAN, Judge.

Plaintiff brought this assault and battery action to recover damages for injuries allegedly sustained in a skirmish with defendant Campbell (defendant), who was, at the time, an employee of defendant Montgomery Ward & Company. Plaintiff alleges that defendant used excessive force to repel his own aggressive behavior, for which plaintiff was convicted of assault in the fourth degree and harassment. The trial court dismissed the action after ruling...

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