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Joseph PC8 Brief - plaintiff The plaintiff was forced to...

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Joseph Doescher vs. Dr. Daniel Raess assault against Daniel. (cardiovascular surgeon) verbal altercation. Issue : Is the defendant (Dr. Daniel Raess) liable for assault against plaintiff (Joseph Doescher)? Rule : Assault occurs when there is intentional attempt or offer to cause a harmful or offensive contact with another person, if that attempt or offer causes a reasonable apprehension of imminent battery in the other person's mind. Application : The defendant approached the plaintiff rapidly, with clenched fists, piercing eyes, beet red face and popping veins. The defendant approached the victim while screaming and swearing at the
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Unformatted text preview: plaintiff. The plaintiff was forced to back up against a wall and pull up his hands as self defense, in the apprehension of getting smacked. The defendant did not strike the plaintiff. The plaintiff was not harmed when the defendant simply walked past the plaintiff out of the room. Conclusion : Yes, the defendant is liable for assault against the plaintiff, because based on the physical manifestations (clenched fist, rapid approach, red beet face, popping veins, screaming, swearing and piercing eyes) of the defendant, the plaintiff backed up and prepared to be hit....
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