Wulf v. Kunnath Case Brief Summary | Law Case Explained

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Wulf v. Kunnath | 827 N.W.2d 248 (2013)

Many employers encourage camaraderie among coworkers in the workplace. But sometimes, one person’s affectionate tap is another person’s intentional tort. In Wulf versus Kunnath, the Nebraska Supreme Court was tasked with determining whether friendly banter disintegrated into battery.

Nurse Susan Wolf and Doctor Sharad Kunnath worked in the same medical practice. The practice’s staff were close-knit and enjoyed teasing and joking with each other. Wulf and Kunnath had a family-like relationship. On two or three occasions, Kunnath had given Wulf a good-natured thump, like a brother would do to a sister. Wulf wasn’t offended by these thumps. She never complained about the thumping or asked Kunnath to stop.

One day at lunchtime, Wulf, Kunnath, and other staff members were sitting in the nurses’ workroom, joking around. Wulf teased Kunnath about his ability with a snowblower. In response, Kunnath tapped Wulf on the nape of her neck. Kunnath intended to make physical contact with Wulf but didn’t intend to hurt her.

Wulf claimed that when Kunnath tapped her, her head moved forward, she dropped her phone, and she said, “Oh, my God, that hurt.” Wulf said she immediately suffered nausea, dizziness, and blurred vision. The other employees didn’t notice this reaction and didn’t see any indication that Wulf felt discomfort. Another nurse who was present described Kunnath’s conduct as a playful tap. The group continued laughing and joking for a few more minutes.

Shortly after that, Wulf began to feel nauseated and dizzy. As these feelings increased, Wulf drove herself to the emergency room. Wulf’s doctor, whom she had seen for preexisting neck and spine problems, later referred her to a surgeon. Ultimately, Wulf had two surgeries.

Wulf sued Kunnath for battery. At trial, Wulf’s surgeon testified that the condition that necessitated her surgery existed before the incident with Kunnath and so couldn’t have been caused by that incident. The jury found for Kunnath, and the trial court entered judgment in his favor. Wulf appealed to the Nebraska Supreme Court, arguing that the jury’s verdict was contrary to the evidence.

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