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

P was employed as a minimum wage milker with Turnipseed Dairy Farms. P, along with two other boys, were preparing cows to be milked. Tunipseed (D) observed that P had passed over three filthy cows. Upon making this observation, D told P, 'you are fired, and go punch out.' D escorted P to the time clock. P verbally assaulted D. After clocking out P was told to get off the property. P said I am not going anywhere. D then picked up a broom. P did not respond, and D hit him three times with the broom. P then left. P claims he never verbally assaulted D. P suffered a hematoma of the right flank, a contusion of the left forearm and some contusion to the kidney. Blood was detected in his urine. When P was admitted to the hospital, 'he was in acute distress with pain.' P's family was without medical insurance and could not afford the medical bills. P is very withdrawn and sleeps a lot. P keeps to himself. P had finished high school and was attending the Job Corp in Crystal Springs. He was studying to become a certified nurse's assistant. He said that he still suffered intermittent pain as a result of the attack. D got the verdict, and the judge refused j.n.o.v. P appealed.

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