Tuesday, June 3, 2008

Superior Court 6/3/08 - BARRY G. STUMPF v. TERRY L. NYE

BARRY G. STUMPF v. TERRY L. NYE
No. 955 MDA 2007 2008 PA Super 122 Atlantic: n/a Filed: 6/3/2008
Appeal from the Judgment entered May 2, 2007 In the Court of Common Pleas of Lancaster County Civil at No(s): CI-01-09277
Before: STEVENS, LALLY-GREEN, and FITZGERALD, JJ.
Opinion by: STEVENS, J.
This is an appeal from the judgment entered in the Court of Common Pleas of Lancaster County in favor of Terry L. Nye and against Barry G. Stumpf and Doug Esbenshade in the total amount of $100,000.00. This matter arose when Mr. Stumpf and Mr. Esbenshade committed an assault and battery upon Mr. Nye following a boxing match. On appeal, Mr. Stumpf alleges (1) the trial court erred in excluding evidence of Mr. Nye’s previous violent altercations, which tended to show his character/reputation for violence, (2) the trial court erred in excluding evidence that Mr. Nye pleaded guilty to the summary offense of disorderly conduct, and (3) the trial court erred in charging the jury on conspiracy. We affirm.

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