Supreme Court of North Carolina
283 S.E.2d 507 (1981)
Gilbert Shugar (plaintiff) entered a restaurant owned by H.L. Guill (defendant), poured himself a cup of coffee without paying for it and joined a group of men sitting around a table. As he sat down at the table, Shugar told Guill that his cup of coffee was “on the house.” Then Shugar told Guill that he would simply “charge it against the formica” Guill owed Shugar, referring to an ongoing dispute regarding whether the restaurant owner owed Shugar $6.25 for a piece of construction material. In response, Guill commented on how “cheap” Shugar was and demanded that he leave his restaurant. Shugar replied, “make me.” Guill picked up Shugar in a bear hug and started toward the door. Shugar managed to break free and the two men exchanged blows. A bystander attempted to intervene and Shugar, believing the argument to be over, dropped his hands to his side at which point Guill struck Shugar squarely in the face and breaking his nose. Shugar began to bleed profusely. Thereafter, Shugar sought medical treatment. Shugar filed suit against Guill for assault and battery. After a trial, the jury awarded Shugar $2,000 in compensatory damages and $2,500 in punitive damages.
Rule of Law
Holding and Reasoning (Branch, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 222,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.