General Discussion

Plaintiff was the manager of a small grocery store which did business with defendant. Ronnell Lynch had been hired by defendant as a cookie salesman-trainee in October 1968. On March 1, 1969, Lynch was assigned his own territory, which included plaintiff's grocery store. Evidence was submitted at trial that between March 1 and the date of the assault, May 1, 1969, defendant received numerous complaints from grocers served by Lynch indicating that Lynch was overly aggressive and that he was taking the shelf space reserved for competing cookie companies.

On May 1, 1969, Lynch came to the store managed by plaintiff to place previously delivered merchandise on the shelves. An argument developed between plaintiff and Lynch regarding Lynch's servicing of plaintiff's store. Lynch became very angry and started swearing. Plaintiff told Lynch to either stop swearing or leave the store, as children were present. Lynch then become uncontrollably angry, saying, "I ought to break your neck." He went behind the counter and dared plaintiff to fight. Plaintiff refused, whereupon Lynch proceeded to viciously assault him. Upon completion of the assault, Lynch proceeded to throw merchandise around the store and then left.