Poliak v. Adcock
Tennessee Court of Appeals
2002 WL 31109737 (2002)
Relevant factsFree
James Adcock (defendant) woke his daughter's live-in boyfriend, Matthew Poliak (plaintiff), by cursing at him and, as Poliak began getting out of bed with no aggressive gesture, struck him with a two-by-four, causing severe injuries, before telling Poliak he would kill him if he was still there when Adcock returned. Poliak sued for assault and battery; Adcock admitted the strike but claimed self-defense, and the trial court granted Poliak's motion for partial summary judgment dismissing that defense.
IssueFree
Whether, to establish the affirmative defense of self-defense to an assault claim, a defendant must prove he reasonably believed he was about to be seriously injured.