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Cole v. Hibberd

1994 WL 424103 (1994)

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Cole v. Hibberd

Ohio Court of Appeals

1994 WL 424103 (1994)

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Facts

On June 15, 1991, Debbie Cole (plaintiff) was leaning over a stroller holding the children of her friend, Sheri Hibberd (defendant), when Hibberd impetuously kicked Cole, striking her tailbone. Hibberd had been drinking, and she began laughing after Cole was struck. Nearly two years later, on June 11, 1993, Cole filed a lawsuit against Hibberd in an Ohio state court, alleging that Hibberd’s negligent kick caused her injury. Hibberd moved for summary judgment on the ground that Ohio law imposed a one-year statute of limitations upon claims for assault and battery. Cole responded that the claim should be permitted because it fell within the two-year statute of limitations for negligently caused bodily injury. The trial court granted summary judgment to Hibberd. Cole appealed.

Rule of Law

Issue

Holding and Reasoning (Young, J.)

Dissent (Jones, J.)

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