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Keech v. Hendricks12/29/2000
icable statute of limitations), the issue of intent is "material" and the contradiction renders summary judgment inappropriate. Smith v. Currie, 40 N.C. App. 739, 742-43, 253 S.E.2d 645, 647, disc. review denied, 297 N.C. 612, 257 S.E.2d 219 (1979). Thus, considering the evidence in the light most favorable to plaintiff, we hold the trial court erred in granting defendant's motion for summary judgment based on intent, because defendant's intent is a question for the jury.
However, our analysis cannot stop at this juncture for we recognize that upon submission to the jury, should the jury find (from the evidence presented) that defendant did intend the injurious act, plaintiff's claim would then be barred by the one-year statute of limitations for intentional torts, unless an intervening theory of law is present. Therefore, we feel it necessary to address plaintiff's argument that defendant should be equitably estopped from asserting the statute of limitations as a defense to his intentional tort.
The law has long been that
in determining whether the doctrine of estoppel applies in any given situation, the conduct of both parties must be weighed in the balances of equity and the party claiming the estoppel no less than the party sought to be estopped must conform to fixed standards of equity. . . . he essential elements of an equitable estoppel as related to the party estopped are: (1) Conduct which amounts to a false representation or concealment of material facts, or, at least, which is reasonably calculated to convey the impression that the facts are otherwise than, and inconsistent with, those which the party afterwards attempts to assert; (2) intention or expectation that such conduct shall be . . . relied and acted upon; (3) knowledge, actual or constructive, of the real facts. As related to the party claiming the estoppel, they are: (1) lack of knowledge and the means of knowledge of the truth as to the facts in question; (2) reliance upon the conduct of the party sought to be estopped; and (3) action based thereon of such a character as to change his position prejudicially. Hawkins v. Finance Corp., 238 N.C. 174, 177-78, 77 S.E.2d 669, 672 (1953).
Additionally:
Where there is but one inference that can be drawn from the undisputed facts of a case, the doctrine of equitable estoppel is to be applied by the court. However, . . . where the evidence raises a permissible inference that the elements of equitable estoppel are present, but where other inferences may be drawn from contrary evidence, estoppel is a question of fact for the jury, upon proper instructions from the trial court. Creech, 347 N.C. at 528, 495 S.E.2d at 913 (citations omitted).
Looking to defendant's conduct, we have already established that the record in the present case plainly reflects defendant's contradicting assertions of intent. By gaining a dismissal in criminal court due to his assertion that he "never had criminal intent," and then claiming that he "intentionally pushed" plaintiff, defendant at bar is clearly attempting to preclude plaintiff from seeking any remedy at all, in our courts, for the injuries suffered. Accordingly, plaintiff argues that defendant should be estopped from asserting either the one-year statute of limitations for intentional torts or intent as a defense to the claim of negligence. Looking to plaintiff's conduct, the record reflects plaintiff did not even know what happened. Plaintiff testified in his deposition that defendant "was right behind the wheelchair, and I just reached my hand up to shake -- [his hand]." "Well, the next thing I knew I was laying on the floor." Neither does plaintiff remember (nor does defendant contend) that
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