DICKENS V. PURYEAR, 276 S.E.2d 325 (1981) CASE BRIEF

DICKENS V. PURYEAR

276 S.E.2d 325 (1981)

NATURE OF THE CASE: Dickens (P) sued Puryear (D) after D beat up P upon learning that P had shared sex, alcohol, and marijuana with D's daughter. The Court granted summary judgment to D on ground that the suit was time-barred. That judgment was affirmed by the Court of Appeals. P appealed.

FACTS: Dickens (P) was 31 and shared sex, alcohol and marijuana with Puryear's (D) 17-year-old daughter, a high school student. D lured P into a rural area and then with the aid of four accomplices beat P into semi-consciousness. P was beaten and tortured for a number of hours over talk of whether he should be castrated or killed. Finally, P was told to go home, pull his telephone off the wall, pack his clothes, and leave the state; otherwise he would be killed. P was then set free. P sued D alleging severe and permanent mental and emotional distress. The trial judge determined that P had really stated a claim for damages for assault and battery and dismissed the claim as it was filed after the one-year statute of limitations for intentional tort claims. P appealed. The appeals court upheld the dismissal.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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