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Gunderson v. Harrington9/6/2001
a question of fact that cannot be dismissed on summary judgment. The parties do not dispute that Harrington intended to strike Gunderson on numerous occasions. On the most recent occasion, he hit her hard enough to cause bruising and pain for several days. A jury might infer from the bruising that Harrington intended to hit Gunderson quite hard and that he intended to injure her. Just because Gunderson said in a deposition that she did not know whether Harrington intended to injure her, does not mean that it is conclusive that the intent to injure did not exist. Regarding the last assault, Gunderson was asked whether she thought Harrington meant to hurt her, and she answered, "I think with the force of the hit, I think it was intentional." This testimony is evidence that Harrington did intend to injure Gunderson. While not the strongest of evidence, it at least presents a question of fact.
I would therefore reverse and remand for trial on the merits.
PAGE, Justice (dissenting).
I join in the dissent of Justice Gilbert.
ANDERSON, Paul H., Justice (dissenting)
I join in the dissent of Justice Gilbert.
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