Dickens v. Puryear

EXUM, Justice.

Plaintiffs complaint is cast as a claim for intentional infliction of mental distress. It was filed more than one year but less than three years after the incidents complained of occurred. Defendants moved for summary judgment before answer was due or filed. Much of the factual showing at the hearing on summary judgment related to assaults and batteries committed against plaintiff by defendants. Defendants’ motions for summary judgment were allowed on the ground that plaintiffs claim was for assault and battery; therefore it was barred by the one-year statute of limitations…