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DOE v. ROE

No. CV-96-0526-PR.

955 P.2d 951 (1998)

191 Ariz. 313

Jane DOE, a single person, Plaintiff-Appellant. v. John ROE and Jane Roe, husband and wife, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

April 7, 1998.

Attorney(s) appearing for the Case

Muchmore & Wallwork, P.C. by Margaret F. Dean, Nicholas J. Wallwork, Phoenix, for Jane Doe.

Renaud Cook & Drury, P.A. by Steven G. Mesaros, Diane L. Mihalsky, William W. Drury, Jr., Phoenix, for John Roe.

Broening Oberg Woods Wilson & Cass, P.C. by Jerry T. Collen, Terrence P. Woods and Thomas & Elardo by Neal B. Thomas, Phoenix, for Jane Roe.

OPINION

FELDMAN, Justice.

¶ 1 We granted review to determine how the statute of limitations applies to a case of delayed discovery attributable to alleged repressed memory of severe sexual abuse. Plaintiff claims that after many years she recalled the abuse but for a prolonged period was incapacitated to the point of being unable to assert her legal rights. We examine application of both the discovery rule and the tolling statute. We have jurisdiction...

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