This section contains the nature of the case and procedural background.

Spivey (P) and Battaglia (D) were employed at the same company. D was aware of P's shyness. D intentionally put his arm around P and pulled her head towards him to tease her. P suffered a sharp pain in the back of the neck and ear, and sharp pains to her skull. P was paralyzed on the left side of her face and mouth. P brought an action against D for negligence, and assault and battery. D moved for a summary judgment based on the statute of limitations contending that P's action for the assault and battery against his 'friendly unsolicited hug' was barred by the statute of limitations. D's motion was granted and was affirmed on appeal. P appealed the appeal. Under this appeal, P claimed that the action could be maintained on a negligence count, which was not barred by the statute of limitations.

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