Dickens v. Puryear

276 S.E.2d 325 (1981)

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Nature of the Case

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Facts

Dickens (P) was 31 and shared sex, alcohol, and marijuana with Puryear's (D) 17-year-old daughter, a high school student. D lured P into a rural area and then with the aid of four accomplices beat P into semi-consciousness. P was beaten and tortured for a number of hours over talk of whether he should be castrated or killed. Finally, P was told to go home, pull his telephone off the wall, pack his clothes, and leave the state; otherwise, he would be killed. P was then set free. P sued D alleging severe and permanent mental and emotional distress. The trial judge determined that P had really stated a claim for damages for assault and battery and dismissed the claim as it was filed after the one-year statute of limitations for intentional tort claims. P appealed. The appeals court upheld the dismissal.