This section contains the nature of the case and procedural background.

Dilly (P) worked at the soda fountain for Kresge (D) when an assistant manager ordered a cup of hot chocolate. P told the manager that she had no hot chocolate left and then the manager grabbed her and shook her and said, 'What the hell do you mean running out of hot chocolate?' The assistant manager said he was joking, but P did not think so. P sued because her neck was injured. Both parties filed for summary judgment. Summary judgment was given to P for liability. D filed a motion to set aside the order pursuant to Rule 59. That was denied. P appealed.

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