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BOYKEN v. STEELE

No. 92-130.

847 P.2d 282 (1993)

Larry BOYKEN, Plaintiff and Respondent, v. Steven STEELE, Defendant and Appellant.

Supreme Court of Montana.

Decided February 11, 1993.

Attorney(s) appearing for the Case

H. William Coder, Great Falls, for Defendant and Appellant.

Patrick F. Flaherty, Great Falls, for Plaintiff and Respondent.

TRIEWEILER, Justice.

Plaintiff Larry Boyken brought this action against defendant Steven Steele to recover damages for intentional assault and battery. A jury assessed Boyken's damages at $2500, but found that Boyken was 75 percent responsible for the incident which caused his injuries. The District Court granted Boyken's motion for a judgment notwithstanding the verdict, and awarded the full amount of damages. The District Court did not allow offset against amounts...

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