COLE V. HIBBERD
1994 WL 424103 (1994)
NATURE OF THE CASE: Cole (P) appealed a summary judgment for Hibberd (D) in that P's
claim for injury was time barred because it was subject to the one-year statute of
limitations for assault and battery.
FACTS: P filed a personal injury complaint against D alleging that D negligently struck
said P in the lower lumbar area, which negligence directly caused injuries and damages. D
had been drinking and while P leaned over to look at her children in her stroller D hauled
and off and kicked P. When asked whether she believed D's action was intentional or
accidental, P stated: ' I'd say she didn't, she meant to kick me. I mean, she didn't mean to
hurt me, she was just horsing around. I guess she thought it wouldn't hurt me. * * * No, she
meant to kick me playingly, but I don't think she meant to hurt me like she did. She
basically thought it was funny. I mean, that's how, how she was, really. The trial court
determined that the cause of action was for assault and battery and because of the one-year
statute of limitations, gave summary judgment to D. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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