Nauful v. Milligan

Lewis, Justice:

Defendant committed an assault and battery upon plaintiff and this action was brought to recover the resulting damages which, it is now stipulated, include only actual damages. Subsequently, after an answer was filed, plaintiff’s motion for summary judgment in his favor was granted on the issue of liability alone, leaving only the question of damages for determination. Defendant has appealed from the order granting partial summary judgment.

We must first determine whether the order granting summary judgment only on the issue of liability is appealable. Plaintiff-respondent takes…