S.v. v. R.v.

933 S.W.2d 1 (1996)

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Nature of the Case

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Facts

P, daughter, intervened in her parents' divorce proceeding, alleging that D, father, was negligent by sexually abusing her until she was seventeen years old. P claims she repressed the memories until her parents filed for divorce. D argues that because P filed 2 years and 4 months after her 18^th birthday, that the suit was barred by the two-year statute of limitations. P argues that the discovery rule applies which tolled the statute of limitations because P did not consciously recall the abused until 4 months after her 20^th birthday. The court held for D in that the discovery rule did not apply to toll the statute of limitations for personal injury actions. P appealed. The court of appeals reversed and D appealed. The Supreme Court of Texas granted certiorari.