O'NEAL HENRY JOHNS, APPELLANT,
v.
FORD MOTOR CREDIT COMPANY, A FOREIGN CORPORATION, APPELLEE

Fla. 1st DCA | 1969-09-18
No. L-32
JOHNSON, C. J., and RAWLS, J., concur.
226 So. 2d 403 Florida District Court of Appeal, First District (1969) Positive Treatment
Cited by 7 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Johns sued Ford Motor Credit Company for assault and battery after the company's agent came to his home seeking collection/repossession and an altercation ensued. The trial court excluded evidence of Johns' missing thumb as rebuttal to the agent's self-defense claim, and the jury found for the company. The appellate court reversed, holding that Johns was entitled to present physical condition evidence to rebut the self-defense affirmative defense.


Holding

The trial court erred in excluding the evidence. Johns was entitled to introduce rebuttal evidence of his missing thumb to counteract the defendant's self-defense claim, because the physical condition of the parties is a proper matter for the jury to consider in determining whether a party claiming self-defense exceeded the amount of force reasonable and necessary.


Key Quotes

“the party interposing the claim of self-defense has the burden of proving it”

Establishes that the defendant bears the burden of proving self-defense as an affirmative defense

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Johns owed Ford Motor Credit an account in arrears. Ford's agent visited Johns' home to collect or repossess Johns' car. When Johns asked the agent to…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
SPECTOR, Judge.

SPECTOR, Judge.

Plaintiff in a civil action for damages arising from assault and battery seeks reversal of a judgment entered upon an adverse jury verdict.

The appellant owed an account to appel-lee which apparently was in arrears. An agent of the latter came to appellant’s home seeking to make a collection or in the alternative to repossess the car. An argument ensued and appellant asked the collector to leave. The latter declined to leave at once. Instead, he insisted on remaining in appellant’s home long enough to complete his purpose. Upon the collector’s refusal to leave, appellant approached his unwanted visitor. Appellant testified that his purpose in approaching the collector was “to show him out”. The collector’s testimony was that appellant attacked him and was choking him with both hands around his throat.

Appellant was a man 56 years old who was still under treatment for injuries he had suffered sometime earlier when a truck load ’of logs overturned on him breaking both legs and his jaw, fracturing his shoulder and ribs, as well as injuring his back. Shortly before this altercation, he had stopped using his crutches but a steel pin ran down the length of his shin bone. Ap-pellee’s agent was a young man of 28 years of age and apparently of sturdy build.

Appellant’s evidence, if believed, made out a civil case of assault and battery within the rules of the decisions in Fouts v. Household Finance Corporation, 75 So.2d 772 (Fla.1954); Lockhart v. *404Friendly Finance Company, 110 So.2d 478 (Fla.App.1959); and Columbia By the Sea, Inc. v. Petty, 157 So.2d 190 (Fla.App.1963). On the other hand, the defendant’s testimony, if believed, as it apparently was, made out a plea of self-defense as pled in its answer. Such a plea, though a valid defense, is in the nature of a confession and avoidance; and the party interposing the claim of self-defense has the burden of proving it. Phoenix v. Carey, 108 So.2d 268 (La.App.1959); 6 Am.Jur.2d, Assault and Battery, Section 158, et seq.

The sole question that appellant raises in this appeal is the trial court’s refusal to permit him to introduce evidence in rebuttal to appellee’s affirmative defense of self-defense. The evidence so sought to be introduced on rebuttal consisted of the fact that the thumb was missing from appellant’s left hand and this was a circumstance that tended to disprove the collect- or’s version, of his need to resort to defensive measures since he testified that appellant attacked him by choking him with both hands at the throat. The rebuttal evidence was rejected by the trial court upon the stated belief that the evidence concerning the state of appellant’s hand should have been brought out on the plaintiff’s main case and that it was irrelevant as rebuttal evidence. We think the court erred in so ruling. Since the defendant had the burden of proving its affirmative defense, the plaintiff was entitled to thereafter introduce such evidence as he might have had to counteract or detract from the defendant’s plea in avoidance. The physical condition of the parties to an altercation is a proper matter to be considered by a jury in determining whether the party claiming self-defense exceeded the amount of force reasonable and necessary to the purpose. 6 Am.Jur.2d, Assault and Battery, Section 163. Therefore, appellant’s physical condition, i.e., the missing thumb, was a matter properly to be considered by the jury; not in support of appellant’s case, but rather in opposition to appellee’s plea of self-defense. Ahearn v. Florida Power and Light Company, 113 So.2d 751 (Fla.App.1959).

Reversed and remanded for a new trial.

JOHNSON, C. J., and RAWLS, J., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Mack v. State, 255 So. 3d 815 (Fla. 2d DCA 2018)
  • Ford Motor Credit Co. v. O'Neal Henry Johns, 269 So. 2d 54 (Fla. 1st DCA 1972)
    …ory damages and $30,000 punitive damages in an action arising out of an assault perpetrated by an agent of appellant upon the appellee. For a full detail of the facts, see this Court’s earlier opinion in Johns v. Ford Motor Credit Company, Fla.App., 226 So. 2d 403. Appellant contends that the judgment for compensatory damages should be reversed on authority of Hutchins v. City of Hialeah, 196 So. 2d 741 (Fla.1967), for the reason that following our decision in Johns v. Ford, supra, Johns had prosecuted a sep…
  • Stepney v. State, 348 So. 2d 627 (Fla. 3d DCA 1977)
    …PER CURIAM. Affirmed. See: Morey v. State, 72 Fla. 45, 72 So. 490 (1916); Johns v. Ford Motor Credit Company, 226 So. 2d 403 (Fla.1st D.C.A. 1969); Hale v. State, 238 So. 2d 471 (Fla.lst D.C.A. 1970); State v. Alvarez, 258 So. 2d 24 (Fla.3rd D.C.A. 1972); Breedlove v. State, 295 So. 2d 654 (Fla.3rd D.C.A. 1974); Mitchell v. State, 321 So. 2d 108 (Fla.lst D.C.A. 1975); Syk…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw