Thomas v. Doorley

MONROE, J. pro tem.

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— The plaintiff and respondent brought action for damages, including punitive damages, against the defendants for assault and battery. The trial court, sitting without a jury, found in favor of the plaintiff and awarded general damages in the amount of $2,000, plus $93 medical expenses and $500 punitive damages. Prom this judgment the defendants appeal. The trial court found, in substance, that on May 21, 1957, at approximately 11 p.m. in the city of Palm Springs, the defendants wilfully and unlawfully committed an assault and battery upon the plaintiff. It was further found that immediately thereafter the defendants transported the plaintiff, against his will, to a remote and isolated locality in Riverside County and again wilfully and unlawfully committed an assault and battery upon him. The court found that as a proximate result of the acts of defendants, plaintiff suffered physical injury, physical pain, mental suffering and injury to his business and personal reputation in the sum of $2,000. It was further found that plaintiff had incurred necessary medical expense in the amount of $93, and was entitled to exemplary and punitive damages in the amount of $500.

The defendants claim as grounds for reversal that appellant Doorley used no more force than was necessary to protect himself from an assault and that a finding to the contrary is not supported by substantial evidence. It is further contended that there was no evidence sufficient to support the finding of the trial court as to the amount of damage, and that such amount was grossly excessive. It is further claimed that the evidence was insufficient to support the finding of the trial court that respondent was entitled to punitive damages, and further that the award of $500 was grossly excessive.

[548]

There was an irreconcilable conflict of the testimony as to the happenings on the night of the alleged assault, the plaintiff claiming in substance that it was an unprovoked, unwarranted and malicious assault, and the defendants asserting that the plaintiff assaulted the defendant Doorley, who used no more force than necessary to protect himself, and that the defendant Wood took no part in the transaction.

Under such circumstances it is for the trial court to determine the conflicts in the evidence and to determine the facts therefrom. The findings of the trial court will not be disturbed upon appeal where they are supported by substantial evidence.