Moore v Beye

Legal Case Brief
Name
Institutional Affiliation
Legal Case Brief
Brief of Moore V. Beye
Dennis Moore
v.
Ronald Beye
329 Mont. 109, 122 P.3d 1212
Assault & battery case
Facts
Dennis Moore and Ronald Beye were involved in an altercation while at a public meeting of the Ravalli County Commissioners. Moore, an owner of a ranch near the airport in Ravalli County, opposed the expansion of the airport while Beye who owned a flying service based at the airport supported the expansion. Moore and Beye exchanged un-pleasantries after the meeting, and the later punched the former on the left side of the jaw. Beye was arrested and charged with misdemeanor assault. Though Moore caught himself before hitting the ground, two days later, he visited the hospital for neck and back pains and medical reports revealed that he suffered a lumbar strain and facial bruise. However, Moore insisted that he injured his back while reeling from the punch and visited several doctors for treatment. Moore later filed a complaint against Beye alleging back and neck injuries and sought damages for the emotional distress suffered. Beye pleaded guilty for punching Moore and a jury trial to determine damages held that Moore was not damaged by the battery. Moore filed a motion to vacate jury award and receive a new trial, but the District Court denied the motion according to Rule 59, M.R.Civ.P., and § 25-11-102(6), MCA, on July 22, 2004.
Issue
The issue is whether the evidence presented by Be…