McElhaney v. Thomas

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 111,590 EMMA MCELHANEY, Appellant, v. CHARLES THOMAS, LARRY THOMAS, SUSAN THOMAS, and STATE FARM, Appellees. SYLLABUS BY THE COURT 1. Civil battery is the unprivileged touching or striking of one person by another, done with the intent of bringing about either a contact or an apprehension of contact that is harmful or offensive. 2. An intent to injure is a necessary element of the intentional tort of battery. 3. The "intent to injure" element of a civil battery claim can be satisfied in alternative ways—either by (1) an intent to cause a harmful…