· 11/30/1960
State ex rel. The Florida Bar v. Kimmel
Citations
- 124 So. 2d 705
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding constitutional statute abolishing statute of limitations for claims of childhood sexual abuse and creating two-year window for revived claims
- noting that the General Assembly \made a policy decision to set gross negligence as the floor-not the ceiling-for invoking [the Child Victim's Act's] applicability\
- explaining that, in a sexual abuse case, general causation related to the type of injuries that survivors of childhood sexual abuse suffer, while specific causation related to the actual cause of the plaintiff’s injuries
- addressing claims for negligence against several institutional defendants for damages under Delaware’s Child Victim’s Act
- “The General Assembly, in Section 8145, made a policy decision to set gross negligence as the floor. . . for invoking the statute‟s applicability.”
- “Under Delaware law, [a statute reviving previously barred claims] can be applied retroactively because it affects matters of procedure and remedies, not substantive or vested rights.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Drew, Hobson, Roberts, Terrell, Thomas
Read full opinion on CourtListenerSourced 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.