Tyson v. Tyson

727 P.2d 226 (1986)

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Nature of the Case

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Facts

P alleges that she was the victim of sexual abuse during her childhood. P filed a complaint committed multiple acts of sexual assault upon her from 1960 through 1969. P was between 3 and 11 years old at the time of the alleged acts and was 26 years old at the time she filed the complaint. P alleged that the sexual assaults caused her to suppress any memory of the acts and that she did not remember the acts until she entered psychological therapy during 1983. P filed the complaint within 1 year of her recollection of the alleged acts. D moved for summary judgment claiming the action is barred by the statutes of limitation. The District Court certified the following question of state law: Does the discovery rule, which tolls the statute of limitations until the plaintiff discovers or reasonably should have discovered a cause of action, apply to intentional torts where the victim has blocked the incident from her conscious memory during the entire time of the statute of limitations?