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· 3/22/2022

Commonwealth v. Lawson, D., Pet

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that a plaintiff invoking the discovery rule in response to a summary judgment motion, “must demonstrate a reasonable expectation of proving that the claim was timely filed”
  • recognizing that “the discovery rule does not grant plaintiffs the option of ignoring connections once they have been made aware of them” and once plaintiffs have sufficient knowledge or notice they have “a duty to act or at least inquire further”
  • considering whether plaintiff became aware or reasonably should have become aware of causal connection between defendant’s sexual abuse and plaintiff’s emotional problems
  • plaintiff was mature enough to tell parents of the abuse and to demand that perpetrator be called to account for his actions
  • “Personal character traits, educational history, and cultural backgrounds are usually immaterial in determining whether a lack of knowledge is objectively reasonable.”
  • “Under [the] discovery rule, the statute of limitations starts when the plaintiff [1] discovers, or [2] reasonably should have discovered, that [he or she] has been harmed or may have been harmed by the defendant’s conduct”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.