Schneider v. Pinnt

The evidence was in dispute as to the details of the altercation which resulted in personal injuries to Pinnt. According to Pinnts version of the events, which the jury believed, Pinnt, who was in the used car business, had stopped at the Parkway Inn to locate one of his customers who owed him money. While in the tavern he ordered a glass of beer. As he finished the beer and was about to leave, one Wiley Jones, whom Pinnt had known in the past, walked by Pinnt and made a remark to him. Pinnt followed Jones and Tom Schneider (a brother of Phil Schneider, the manager) out onto the parking lot. There Pinnt stated to Jones: "I didnt understand what you said." Jones replied: "You know very well what I said. I ought to get you." Jones then struck Pinnt. Tom Schneider joined in the fight and assisted Jones in his attack on Pinnt. The manager, Phil Schneider, upon being advised of the fight, went out to the parking lot where Pinnt asked him for help, which he refused. Although Pinnt requested that Phil Schneider call the police, Schneider did not do so. The fighting continued and a severe beating was administered to Pinnt. He suffered abrasions about the face and head, and was rendered unconscious for a time. Medical evidence showed that the beating resulted in a mild concussion. As a further result of the beating, Pinnt received permanent scars on his face and ear. The police were eventually notified and Pinnt was taken to a hospital for treatment.