Pederson v. Time, Inc.

404 Mass. 14 (1989)

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Nature of the Case

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Facts

Pederson (P) the guardian of Alice Totten filed suit on April 27, 1984, against Time (D) and other parties alleging various claims based on an article appearing in 1981. After a partial summary judgment, the remaining claims alleged intentional violations of state privacy statutes, intentional infliction of emotional distress, and violation of Fair Information Practices. These allegations stem from the 1981 article that discussed Totten’s mental illness with photos of her tied spread eagled to a bed. Alice had been diagnosed with schizophrenia. The latest date the claims could have accrued was on April 21, 1981. Each of the claims has a three-year statute of limitations. The latest time for filing would have been April 21, 1984, and the complaint missed that deadline by six days. The issue is whether the statute of limitations should be tolled if Totten was insane. The lower court ruled for Ds. This appeal resulted.