Cole v. Hibberd

1994 WL 424103 (1994)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.