Phinney v. Morgan

The plaintiffs brought an action in the Superior Court against their mother for negligent and intentional infliction of emotional distress. They alleged that their mother failed to protect them from sexual abuse by their father during their childhood. The defendant moved for summary judgment on the sole ground that their actions were *203barred because they were not brought within three years of their attaining the age of majority. G. L. c. 260, §§ 2A & 7. The judge denied the motion on the ground that the “discovery rule” applied to their claims and, therefore, when their cause of action accrued…