S.V. v. R.V.

933 S.W.2d 1 (1996)

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S.V. v. R.V.

Texas Supreme Court
933 S.W.2d 1 (1996)

Facts

R.V. (plaintiff), a 20-year-old female, filed suit against her father, S.V. (defendant), claiming that she had been sexually abused by him for several years until she was 17 years old but had repressed the memories until shortly after her parents filed for divorce. S.V. argued that R.V.’s claim was barred by the two-year statute of limitations. R.V. claimed that the discovery rule applied to toll the statute of limitations because she did not consciously recall her father’s abuse until four months after she turned 20 years old. The trial court directed a verdict against R.V. and held that the discovery rule did not apply to toll the statute of limitations governing personal injury actions. The trial court concluded that R.V. was required to file suit against her father within two years of her 18th birthday. R.V. appealed. A divided court of appeals reversed the judgment of the trial court and remanded the matter for a new trial. The Supreme Court of Texas granted certiorari to review.

Rule of Law

Issue

Holding and Reasoning (Hecht, J.)

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