Legal Opinion

Lemmerman v. Fealk

Michigan Supreme Court

Decided July 5, 1995No. Docket Nos. 97839, 97841, 98365, (Calendar Nos. 7-8)PublishedCited by 66 opinions

1Opinion of the CourtBoyle, J.

We are asked in these cases to extend the limitation period for the civil actions brought by plaintiffs who allege they were sexually abused as children by the defendants, but were unable to timely file claims because of repression of the memory of abuse. We must decide whether (1) the discovery rule is applicable to determine the time . of accrual of the claims triggering the running of the limitation period for plaintiffs’ tort actions of assault and battery, negligence, and intentional infliction of emotional distress, or (2) if the limitation period can be extended by the one-year…

2Cases cited12 opinions

  1. Lothian v. City of DetroitMichigan Supreme Court · 1982
  2. Moll v. Abbott LaboratoriesMichigan Supreme Court · 1993
  3. Larson v. Johns-Manville Sales Corp.Michigan Supreme Court · 1986
  4. Tyson v. TysonWashington Supreme Court · 1986
  5. Chase v. SabinMichigan Supreme Court · 1994

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3Cited by66 opinions

  1. S.V. v. R.V.Texas Supreme Court · 1996
  2. Allison v. AEW CAPITAL MANAGEMENT, LLPMichigan Supreme Court · 2008
  3. Dalrymple v. BrownSupreme Court of Pennsylvania · 1997
  4. Trentadue v. Buckler Automatic Lawn Sprinkler CompanyMichigan Supreme Court · 2007
  5. Florez v. SargeantArizona Supreme Court · 1996

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