Keech v. Hendricks

HUNTER, Judge.

William V. Keech (“plaintiff’) appeals the trial court’s grant of summary judgment in favor of William G. (Willie) Hendricks (“defendant”) based on the one-year statute of limitations for assault and battery claims. Because the record before us gives rise to actions for (1) assault and battery and (2) negligence, we hold the trial court erred in granting defendant’s summary judgment motion. Therefore, we reverse and remand for a jury trial.

On 9 December 1995, when plaintiff entered the lobby of Pitt County Memorial Hospital (“hospital”), defendant was already there. Upon…