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.

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