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Torts Keyed to Underwood
Shugar v. Guill
Citation:
283 S.E.2d 507 (N.C. 1981)Facts
The plaintiff entered the defendant’s restaurant known as “Cotton’s Grill” for the purpose of joining several regular customers for coffee. After serving himself a cup of coffee, he joined the group. The Plaintiff moved toward the table where the men sat without paying for his cup of coffee. The defendant was seated at the table, and as plaintiff took a seat at the table he said to defendant. “This cup of coffee is on the house.” The plaintiff, who was previously acquainted with defendant, claimed that the defendant owed him a past debt and that therefore the coffee should be free. The defendant demanded that the plaintiff leave the restaurant. The plaintiff responded by saying “make me.” The defendant then picked up the plaintiff in a bear hug and started toward the door. The plaintiff and defendant would later exchange multiple blows. The plaintiff ended up suffering a broken nose.
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