Howard v. Wilson
Annotate this CaseIn 2007, Plaintiff Lyshell Wilson entered Defendant CitiTrends' clothing store. While shopping, Ms. Wilson was brutally injured by Defendant Jocelyn Howard, who attacked her with a pair of scissors. Ms. Howard moved to dismiss Ms. Wilson's claims, arguing that Ms. Wilson failed to file her complaint within a one-year statute of limitations for assault and battery. Ms. Wilson denied she sued for assault and battery. Instead, she sued on a negligence claim. The trial court denied Ms. Howard's motion to dismiss. On appeal to the Supreme Court, Ms. Howard argued that Ms. Wilson attempted to circumvent the statute of limitations by characterizing her claim as one for negligence when it was really assault and battery. Ms. Howard maintained that Ms. Wilson's claim is barred by the statute of limitations. The Supreme Court agreed with Ms. Howard. The Court held that the trial court erred in denying Ms. Howard's motion to dismiss. The Court remanded the case for further proceedings.
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