Jones v. Fisher
Wisconsin Supreme Court
42 Wis.2d 209, 166 N.W.2d 175 (1969)
- Written by Eric Miller, JD
Facts
Aleta Jones (plaintiff) worked for a nursing home operated by Jerome Fisher and Clara Fisher (defendants). When Jones needed dentures, the Fishers loaned Jones the money. Not long after Jones received the dental work, she left the employ of the Fishers. When Jones collected her final check, a dispute arose over repayment of the loan for the dental work, spurring a brief altercation in which the Fishers physically restrained Jones and extracted her dentures. Jones was not bruised or scarred and did not consult a doctor. Jones filed assault and battery charges against the Fishers. In the trial, Jones also testified that she was embarrassed and humiliated by the incident and that her emotional state caused her to lose sleep. The jury awarded Jones a total $6,000 in damages: $1,000 compensatory and $5,000 punitive. The trial court ordered the Fishers to pay the damages. The Fishers appealed, not disputing the factual finding but arguing that the damages assessed were excessive. The Wisconsin Supreme Court granted certiorari.
Rule of Law
Issue
Holding and Reasoning (Beilfuss, J.)
Dissent (Hansen, J.)
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