Cain v. State Farm Mutual Automobile Insurance

Opinion

ELKINGTON, J.

On this appeal we are called upon to determine the appropriate statute of limitations, and the point at which it starts running, on an action for damages for violation of one’s right to privacy. The latter question appears to be one of first impression.

Defendant State Farm Mutual Automobile Insurance Company (“State Farm”) had insured the automobile of plaintiff Bing Woo Jew (“Bing”). While occupied by Bing and plaintiff Elaine Cain (“Cain”), the vehicle was involved in an accident in which Cain was injured. In a subsequent action by Cain against Bing his conflicting…