Baska v. Scherzer

The opinion of the court was delivered by

Davis, J.:

Celesta Baska brought an action for personal injuries sustained when she attempted to stop a fight by stepping between the defendants, Harry Scherzer, Jr., and Calvin Madrigal. Her action was brought after the expiration of a year from her injury but within 2 years from the date of her injury. After some discovery, the trial court granted the defendants’ motions for summaiy judgment and dismissed Baska’s action based upon its conclusion that her action was governed by the 1-year statute of limitations for assault and battery, K.S.A.…