Key Facts:
• Fisher was a black man and who was employed as a mathematician NASA, near Huston, Texas
• While waiting to be served at the buffet in Carousel, Fisher was as assaulted by Carousel's employee Flynn, who “deposed” his plate and yelled that Fisher will be not served at Carousel.
• Although there was not a physical contact, it caused “embarrassment and hurt” to Fisher in “the presence of his associates.”
• Plaintiff sued Carousel Motor Hotel for assault and battery

Procedural History:
• Jury trial awarded the plaintiff (Fisher) with monetary award for actual damages for his “humiliation and indignity” and additional damages for Flynn’s “malicious conduct”. However, the judge set aside the verdict.
• The Court of Appeals affirmed