Barouh

- Plaintiff and appellant Robert Barouh brought this action against defendant and respondent Morton Haberman for battery and negligent personal injury. The action was tried to a jury, which found by special verdict that defendant was not negligent (12-0) and that defendant did not commit battery (9-3). Plaintiff appeals from the judgment on the jury verdict, contending the evidence does not support the verdict and the court erred in refusing plaintiffs requested special instructions on battery. Agreeing with the latter contention, we reverse for a new trial.

Facts

Plaintiff and defendant were longtime acquaintances. They socialized together in the 1950’s when both were single, worked at the same employer in the 1960’s, and met again in 1987. At that time both were not working, and they began having breakfast together about twice a week at the Bagel Nosh Restaurant in Beverly Hills. Sometimes they took walks together after breakfast.

Sometime in mid-1989, plaintiff decided to stop attending the breakfast meetings. He testified he felt the parties had run out of things to say to each other, and he became irritated at defendant’s attitude and remarks defendant made about…