Baska v.

Scherzer

156 P.3d 617 (Kan. 2007)

Parties:

Plaintiff – Celesta Baska – Person who tried to break up fighting

between Ds.

Defendant – Harry Scherzer Jr. – boy fighting.

Calvin Madrigal – boy fighting

Facts:

P had given her daughter permission to throw a scavenger hunt party, which
was attended by both Ds. Around midnight, a fight broke out between the Ds. The
two boys began to push and punch one another. P yelled at the boys to stop in order
ot break up the fight. When they continued to fight P placed herself in the middle of
the fight and was punched in the face losing several teeth and receiving injuries to
her neck and jaw.

Procedural Posture:

P flies a claim for negligence. D files for motion for summary judgment. Trial
court grants D motion. P appeals. Court of Appeals reversed, stating that P’s claim
was of negligence because she was unintentionally struck by the Ds.

Issue:

Whether P’s action is governed y the 1-year statue of limitations for assault
and battery or by the 2-year statue of limitations for negligence

Holding:

The court of appeals holding is reversed and the trial court’s holding is
affirmed. The court held that under the doctrine of transferred intent, P’s claim is
not of negligence but of assault and battery therefore she is not able to make a valid
claim based on exceeding the 1-year statue of limitations limit.

Legal Reasoning:

Under the doctrine of transferred intent, the court reasoned that the
defendant’s act of punching was intentional towards one another, through the
doctrine of transferred intent, P has a claim for assault and battery because the act
was intentional (battery) and not non-intentional (negligence)