Juarez-Martinez v. Deans
North Carolina Court of Appeals
424 S.E.2d 154 (1993)
Gregorio Juarez-Martinez (plaintiff) was a migrant farm worker for Donald Deans (defendant) and lived with his family in housing Deans provided. Angry that Juarez-Martinez wasn't working, Deans entered his home carrying an eight-inch steel tractor hitch, found him sleeping, and poured beer on his face. A struggle followed, and Deans struck Juarez-Martinez repeatedly with the hitch, causing serious injuries. Juarez-Martinez sued for assault and battery. Deans claimed self-defense and counterclaimed for assault, testifying that Juarez-Martinez grabbed him first and that he struck back out of fear. The trial court directed a verdict for Juarez-Martinez on both the self-defense issue and Deans's counterclaim, and Deans appealed.
Whether a person who instigated a physical conflict can claim self-defense when he did not clearly and effectively withdraw from the conflict.