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S.V. v. R.V.

Supreme Court of Texas

933 S.W.2d 1 (1996)

Relevant factsFree

R.V. (plaintiff), a 20-year-old woman, sued her father S.V. (defendant), alleging he sexually abused her for years until she turned 17, but that she repressed the memories until shortly after her parents' divorce filing and did not consciously recall the abuse until four months past her 20th birthday. S.V. argued the claim was barred by the two-year personal-injury limitations period, which in Texas runs to a minor's 20th birthday for injuries accruing during minority; R.V. argued the discovery rule tolled the statute because her injury was inherently undiscoverable due to repression. The trial court directed a verdict against R.V., holding the discovery rule inapplicable, but a divided court of appeals reversed and remanded, and the Texas Supreme Court granted review.

IssueFree

Whether the discovery rule tolls the statute of limitations in cases involving fraud or when the resulting injury was inherently undiscoverable and evidence of the injury is objectively verifiable.

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