1.Moore and Beye had an altercation after a public meeting regarding airport expansion. Moore owned a ranch near the airport and staunchly opposed expansion. Beye owned a flying service and avidly supported expansion. Moore and Beye exchanged unpleasantries while leaving the meeting. Beye then punched Moore on the left side of the jaw. Moore stumbled, but caught himself before falling. He then exclaimed to the crowd, "You saw that. You are my witnesses. I've been assaulted. I want that man arrested." Ravalli County deputies took Beye into custody and the state charged him with misdemean-or assault. Moore visited the hospital complaining of back and neck pain two days later and contended that he injured his back while reeling from Beye's punch. He filed a civil complaint against Beye for damages. Moore's evidence mostly concerned his alleged back injury. Beye did not contest that he punched Moore. His evidence countered that Moore's back problems existed before the altercation. The judge instructed the jury that Beye had com-mitted a battery as a matter of law and directed that they answer the question "Was Moore damaged as a result of the battery?" The jury voted 11 to 1 that the battery did not injure Moore. Contending that he presented compelling evidence that he was in fact injured by the battery, Moore appealed. Decide. [Moore v. Beye 122 P.3d 1212 (Mont. 2005)]