Family Law Keyed to Weisberg
Hearndon v. Graham
Paula Hearndon, plaintiff, filed a complaint in 1991 against Kenneth Graham for injuries that resulted from sexual abuses he allegedly committed beginning in 1968 and continuing until 1975. The complaint was dismissed without prejudice on the grounds that the action was barred by the four-year statute of limitations. Plaintiff argued that the court should apply the doctrine of delayed discovery of an injury to toll the statute of limitations because she suffered from traumatic amnesia. The trial court dismissed the complaint, and the district court affirmed, reasoning that the Legislature provided explicit tolling provisions that did not include delayed discovery due to lack of memory.
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