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Tyson v. Tyson

Washington Supreme Court
727 P.2d 226 (1986)


Facts

Nancy Tyson (plaintiff) brought an intentional tort action against her father, Dwight Tyson (defendant), for childhood sexual abuse that allegedly occurred when she was age three to 11. Nancy claimed that the trauma of the abuse caused her to completely repress any conscious memory of it until therapy triggered her to recall it and realized it caused her emotional problems as an adult. She sued in federal court at age 26, long after Washington’s applicable three-year statute of limitations had expired. The federal court asked the Washington Supreme Court to determine whether the discovery rule applied to toll the statute of limitations under state law.

Rule of Law

Issue

Holding and Reasoning (Durham, J.)

Concurrence

Concurrence (Goodloe, J.)

Dissent (Pearson, J.)

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