We granted permission to appeal in this case to determine whether the Court of Appeals erred in holding that the complaint failed to state a claim for intentional infliction of emotional distress. We also consider Defendants' contention that the Court of Appeals erred in holding that Plaintiffs' cause of action was not time-barred because the discovery rule applies to this case. We hold that Plaintiffs' complaint is sufficient to state a claim for intentional infliction of emotional distress. The complaint alleges all the elements of the cause of action. We also hold that the discovery rule tolled the statute of limitations in this case. Plaintiffs could not have been expected to know, in the exercise of reasonable diligence, that Defendants' alleged statements were false, and therefore could not have been expected to know that an injury had occurred because of the false statements. Accordingly, the holding of the Court of Appeals is affirmed in part and reversed in part, and this case is remanded to the trial court.
Case Number
W2002-01091-SC-R11-CV
Originating Judge
Judge Clayburn L. Peeples
Case Name
Ginnie Leach and J.T. Hill, Jr. v. Tim Taylor and Larry Taylor, individually and doing business as Hunt Funeral Home
Date Filed
Dissent or Concur
This is a dissenting opinion
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