Burke v. Mesniaeff

Summary

The concurrence agrees that the judgment for the defendant should be affirmed because the plaintiff did not meet her burden of showing that the erroneous trespass instruction tainted the separately and properly charged defense-of-others instruction. It emphasizes that appellate review must presume the jury resolved disputed facts consistently with the verdict and does not permit the reviewing court to adopt the plaintiff’s most severe account of the incident. The concurrence also notes that a different factual record involving more severe force or greater distance from the potential victims could have supported a finding of prejudice.