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Torts Keyed to Goldberg
Cole v. Hibberd
Facts
Debbie Cole (plaintiff) was leaning over a stroller holding the children of her friend, Sheri Hibberd (defendant), when Hibberd kicked Cole, hitting her tailbone. Hibberd had been drinking, and she began laughing after Cole was struck. Nearly two years later, 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.
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