PLATH v. PLATH

No. C1-86-1347.

428 N.W.2d 392 (1988)

Maribelle PLATH, petitioner, Appellant, v. Daryl A. PLATH, Respondent.

Supreme Court of Minnesota.

September 9, 1988.


Attorney(s) appearing for the Case

Willard L. Converse, St. Paul, for respondent.

Cortlen J. Cloutier, Minneapolis, for appellant.

Considered and decided by the court en banc without oral argument.


AMDAHL, Chief Justice.

We granted the petition of defendant Daryl A. Plath to review a court of appeals' decision which reversed the trial court's determination that this action was barred by the statute of limitations. The appellate court determined that Daryl's actions, which resulted in injury to his wife, constituted negligence rather than battery and therefore applied the six-year limitations period to allow the action to survive. We reverse.

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