Charges against Marlin dismissed

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Jury dismisses assault claim against Marlin

NASHVILLE, Tenn. - A lawsuit against Sterling Marlin was dismissed by a jury that decided the NASCAR driver was innocent of assault for throwing a man into the Jamaican surf in 2001.
The plaintiff, Joel Whitcomb, sued Marlin last year, claiming he injured his knee and shoulder. He sought $350,000.

Marlin, who lives just outside Nashville, testified that he did shove Whitcomb toward the ocean after the plaintiff accused him of being a cheater, but said he couldn't have hurt him.

The jury deliberated 10 minutes before returning its verdict late Wednesday.

Whitcomb, of Pittsfield, Mass., and Marlin were in Jamaica in 2001 for a promotional event that drew NASCAR aficionados from across the United States.

During a tug-of-war between fans of Marlin and Dale Earnhardt Jr., Marlin grabbed the rope. Marlin told the jury he was just horsing around and didn't really pull. Testimony showed Whitcomb called Marlin a cheater and jabbed his finger into Marlin's chest.

"I thought he needed to be cooled off," Marlin told the court.
 
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