Moran

I. Background

Appellants filed an action against Swift in which they alleged two causes of 1 action: one for battery, and one for negligence. In June 2011, Swift brought a motion for summary judgment asserting, among other things, that appellants could not produce

1 The appellate record does not include a copy of the complaint. We glean this information about the nature of the causes of action from the pleadings on the summary judgment motion. any evidence that they had “suffered any injury or harm” and therefore could not prevail on either cause of action. Swift asserted in her separate statement that it was undisputed that all four appellants “do[] not speak or write.” She also asserted that it was undisputed that: “Plaintiffs have not sought or received any treatment for any physical or mental injuries;” “There are no documents depicting any injuries;” and “Plaintiffs have not suffered any loss of income or earning capacity.” These undisputed facts were based on appellants‟ responses to form interrogatories and their responses to a request for production. Appellants opposed Swift‟s summary judgment motion. They agreed that these facts were undisputed, and their separate…