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

Picard (P) was upset about the service work she was receiving in the course of her brake inspection. She returned for a reinspection and photographed a Barry Pontiac-Buick, Inc. (D) service worker while he was inspecting the brakes. There was dispute about the subsequent events. P testified that the D service worker lunged at her and spun her around. D claimed that he did not touch P, but pointed at her and said 'who gave you permission to take my picture?', then walked around the car and placed his index finger on the camera and repeated the question. D denied grabbing or threatening P in any way. P and her doctor claimed permanent damage to her back as a consequence of the altercation. The trial court awarded P $60,366 in compensatory and $6,350 in punitive damages. D appealed.

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