State ex rel. Halsey v. Honorable Jennifer M. PhillipsAnnotate this Case
The Supreme Court made permanent in part and quashed in part a preliminary writ it issued in response to Brad Halsey's petition seeking to direct Respondent, the Honorable Jennifer M. Phillips, to dismiss Jennifer Dachenhausen's claims against him, holding that Dachenhausen's assault and battery claims were time-barred but her emotional distress counts properly alleged claims independent from traditional common law actions.
Dachenhausen filed suit against Halsey for assault, battery, intentional infliction of emotional distress, and negligent infliction of emotional distress. Halsey filed a motion to dismiss, arguing that Dachenhausen's claims were time-barred. Respondent overruled Halsey's motion to dismiss. Halsey then petitioned the Supreme Court for a writ of prohibition. The Supreme Court granted it in part, holding (1) the face of Dachenhausen's petition demonstrated that the statute of limitations had run on her assault and battery claims; and (2) the petition did not affirmatively show that Dachenhausen's claims for negligent and intentional infliction of emotional distress were time-barred.