Lord v. Shaw
Utah Supreme Court
665 P.2d 1288 (1983)
- Written by Haley Gintis, JD
Facts
Carol Lord (plaintiff) and Harold Shaw (defendant) were married for almost 20 years. In 1978, Lord and Shaw divorced. In September 1980, Lord filed a suit against Shaw for tortious conduct, including assault, battery, and false imprisonment. Lord alleged that on five different occasions between June 1976 and November 1977, Shaw violently choked, pushed, beat, or forced her into sexual intercourse. In addition to listing the five incidents of abuse, Lord also alleged that throughout the marriage, Shaw engaged in conduct designed to intentionally cause Lord to suffer. Shaw moved for summary judgment. The trial court dismissed the complaint on the ground that the statute of limitations and res judicata barred Lord from filing the suit. Lord appealed on the ground that the doctrine of interspousal tort immunity barred her from suing Shaw until the doctrine was abolished in 1980. Therefore, Lord argued that the statute of limitations should be tolled. The Utah Supreme Court reviewed the appeal.
Rule of Law
Issue
Holding and Reasoning (Howe, J.)
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