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Maichle v. Jonovic

230 N.W.2d 789 (1975)

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Maichle v. Jonovic

Wisconsin Supreme Court

230 N.W.2d 789 (1975)

Facts

Scott Jonovic (defendant) attended school with Steven Maichle (plaintiff). Maichle and Jeff Grundmann, another classmate of Jonovic’s, frequently bullied Jonovic and told him they would beat him up. One day, all three boys were riding the school bus when Grundmann and Maichle began hitting Jonovic. The hitting stopped once the bus driver got on the bus, but the two boys told everyone on the bus to get off at Jonovic’s stop to beat him up. Jonovic then decided to get off the bus early and claimed that as he walked past Maichle, he swung his arm and hit Maichle in the mouth and ran home as Maichle chased after him. Maichle claimed that Jonovic first got off the bus, he followed Jonovic, and then Jonovic hit him in the mouth. Maichle brought suit against Jonovic for his injuries, and the trial court instructed the jury on self-defense. The jury instruction asked the jury whether the striking of Maichle was justified, and the jury answered affirmatively. The trial court reversed the verdict, and Jonovic appealed.

Rule of Law

Issue

Holding and Reasoning (Hansen, J.)

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