The plaintiff sued the defendants for assault and battery after the defendant Broughton mistakenly identified the plaintiff as a man who had broken into the defendants' home earlier that morning.
The defendant Broughton confronted the plaintiff on the street, pushed him down, and beat him severely, causing a fractured eye socket.
The court found the plaintiff credible and concluded he was not the intruder.
The action against the defendant Broughton was allowed, with damages fixed at $20,000 for pain and suffering plus OHIP subrogated damages.
The action against the co-defendant was dismissed.
