Baska v. Scherzer

283 Kan. 750, 156 P.3d 617 (2007)

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Baska v. Scherzer

Kansas Supreme Court
283 Kan. 750, 156 P.3d 617 (2007)

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Facts

Celesta Baska (plaintiff) hosted a party for her daughter. Two of the attendees, Harry Scherzer, Jr., and Calvin Madrigal (defendants), began fighting and exchanging blows with their fists. Baska stepped in to stop the fight and was injured. Almost two years later, Baska sued Scherzer and Madrigal for damages. Baska alleged that Scherzer and Madrigal meant to hit each other but negligently struck her, causing her injuries. Scherzer and Madrigal gave depositions that confirmed Baska's allegations. The trial judge ruled that Baska was the victim of assault and battery rather than of negligence. The judge dismissed the suit as barred by Kansas's one-year statute of limitations for assault and battery actions. Baska appealed to the Kansas Court of Appeals, which reversed the trial judge, finding that Baska's suit was governed by the state's two-year statute of limitations for negligence actions. Scherzer and Madrigal successfully petitioned the Supreme Court of Kansas for review of the appellate judgment.

Rule of Law

Issue

Holding and Reasoning (Davis, J.)

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