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

P and D got in a fight. P's daughter was present. P sued D for special, general and punitive damages for assault and battery. P also sued as Guardian ad Litem for her daughter, Lisa Rabello, who was a witness to the attack, for intentional infliction of emotional distress. D counterclaimed for assault and battery, alleging that P initiated the fight. Fifteen witnesses testified. The trial judge dismissed D's counterclaim, stating that P's version of the fight was corroborated by two disinterested witnesses. P got special, general and punitive damages. Lisa was also awarded $300.00 in general damages for intentional infliction of emotional distress. D appealed the award to Lisa.

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