Whatcott v. Whatcott

OPINION

DAVIDSON, Judge.

Plaintiff appeals the trial cohrt’s grant of summary judgment in favor of defendant. He argues that his alleged mental incompetence invokes the delayed discovery rule and tolls the statutes of limitations. We affirm.

FACTS

Plaintiff alleges that his father, Melvin J. Whatcott, sexually abused him during childhood. He seeks damages for psychological injury from the repeated molestations. The last alleged act of abuse occurred when plaintiff was eighteen yet the complaint was not filed until plaintiff was twenty-three-years-old. 1

Plaintiff acknowledges that the respective…