On 1/25/1987 Knight and several other individuals, including Jewett, gathered at the Vista home of Ed McDaniel's to observe the Super Bowl football game. Knight and Jewett were among those who decided to play a game of coed touch football during half-time using a "peewee" football often used by kids. Apparently, no explicit rules were written down or discussed before the game, other than the requirement that to stop advancement of the player with the ball it was necessary to touch that player above the waist with two hands. Knight and Jewett were on different teams.

Previously, Knight had played touch football and frequently watched football on TV.  Knight voluntarily participated in the Super Bowl half-time game. It was her understanding that this game would not involve forceful pushing, hard hitting or hard shoving during the game. She had never observed anyone being injured in a touch football game before this incident.

About five to ten minutes after the game started, Jewett ran into Knight during a play and afterward Knight asked Jewett not to play so rough.  Otherwise, she told him, she would stop playing. 

On the next play, Knight suffered her injuries, when she was knocked down by Jewett and he stepped on the little finger of her right hand. Knight had three surgeries on the finger, but they proved unsuccessful and her finger was amputated during a fourth surgery.

According to Jewett, he had jumped up to intercept a pass and as he came down he knocked Knight over.  When he landed, he stepped back and onto Knight's hand.  According to Knight's version, her teammate, Andrea Starr, had caught the ball and was proceeding up the field. Knight was headed in the same direction, when Jewett, in pursuit of Starr came from behind Knight and knocked her down. Knight put her arms out to break the fall and Jewett ran over her, stepping on her hand.  Jewett continued to pursue Starr for another 10 to 15 feet before catching up with her and tagging her.  Starr said the tag was rough enough to cause her to lose her balance and fall and twist her ankle... 

          Discussion:  Inasmuch as this case reaches us on appeal from summary judgment in favor of Jewett, it is only necessary for us to determine whether there is any possibility Knight may be able to establish her case. 

A requisite element of assault and battery is intent. Here, however, there is no evidence that Jewett intended to injure Knight or commit a battery on her. Moreover, the record affirmatively shows Knight does not believe Jewett had the intent to step on her hand or injure her.  Without the requisite intent, Knight cannot state a cause of action for assault and battery.  AFFIRMED (in favor of Defendant- Jewell & the case remains dismissed)        

The deposition of Kendra Knight was taken on 10/19/88 and offered in support of the motion for summary judgment.  Ms. Knight testified as follows:

Do you believe that Mr. Jewett was trying to step on your hand?  Do you have any reason to believe he had any intention to hurt you?" 

1. a. Did the court think that a battery had occurred? 

b. Why? 

 What role do you think Ms. Knight's deposition played in the court's reasoning?