Cole v. Hibberd
Ohio Court of Appeals
1994 WL 424103 (1994)
Relevant factsFree
Debbie Cole (plaintiff) was leaning over a stroller when her friend Sheri Hibberd (defendant), who had been drinking, impetuously kicked her in the tailbone and then laughed; nearly two years later, Cole sued for negligence, and Hibberd moved for summary judgment based on Ohio's one-year statute of limitations for assault and battery rather than the two-year limitations period for negligent bodily injury. The trial court granted Hibberd summary judgment, and Cole appealed.
IssueFree
Whether, when the defendant intentionally touches the plaintiff without intending harm and the contact results in injury, the plaintiff may sue the defendant for negligence.