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P entered D's restaurant. After serving himself a cup of coffee, he joined a group already there. D was seated at the table, and P said to D, 'This cup of coffee is on the house.' P then told D to 'charge it against the formica that you owe me for.' There was an ongoing dispute between himself and D regarding a piece of formica that a contractor had removed from a job at P's place of business with his permission to use it in the completion of a job at D's restaurant. P had billed D twice for the formica, but the $6.25 bill remained unpaid. D had refused to pay and had, in turn, sent Pa bill for what D claimed was lost time for a painter who had been conversing with P while he was working on a job for D. D commented on P's cheapness and demanded that P leave the restaurant immediately. P said, 'Make me.' D then picked P up in a 'bear hug' and started toward the door. P freed himself, and blows were exchanged. P was struck about the eyes twice, and D's glasses were broken when he was hit in the face during the scuffle. A bystander attempted to intervene. P then dropped his hands to his side, and D struck him squarely in the face, breaking his nose and causing it to bleed profusely. P sued D for assault and battery. P got $2,000 in compensatory damages and $2,500 in punitive damages. D appealed. The court of appeals vacated the punitive damages and reversed and remanded for a new trial the issue of compensatory damages. P appealed the decision concerning the punitive damages.

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