NJSBA Family Law Section

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  • 1.  Entire controversy doctrine / assault of child

    Posted 06-27-2017 05:16 PM
    Husband sexually assaulted parties' daughter when she was 12.
    He's admitted his conduct, including in a court proceeding during a hearing several years ago.
    Daughter is now an adult (22) and wants to sue for damages.
    She's needed a lot of therapy, has struggled with depression issues which professionals link to the assault.

    Should (can) a damages claim be joined with / filed with the divorce complaint?

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    David Perry Davis, Esq.
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       www.FamilyLawNJ.pro
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    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax:    609-737-3222

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  • 2.  RE: Entire controversy doctrine / assault of child

    Posted 06-27-2017 05:51 PM

    David,

      Short answer: no.

      This would not be a proper Tevis claim, because it is not the spouse's claim. Just because there might be a common defendant doesn't mean the Entire Controvery Doctrine is invoked. The causes of action are unrelated.

    Ed

     

    * * *

    Edward J. Zohn, Attorney at Law

    Zohn & Zohn, LLP; 7 Mount Bethel Road, Warren NJ 07059

    908.791.0312 voice; 908.660.4866 fax

    "Leges sine moribus vanae" (Laws without morals are useless) - U. of Penna. Motto

    www.zohnlaw.com

     




    Original Message


  • 3.  RE: Entire controversy doctrine / assault of child

    Posted 06-28-2017 09:01 AM

    The Statute of Limitations for her claim may have run as the 2 year personal injury, statute for a minor, begins to run at the age of 18.

     

    Kevin M. Regan, Esq.

    43 Maple Avenue

    Morristown, New Jersey 07960

    Ph. (973) 998-9880

    Fax (973) 998-9872

    www.kevinreganlaw.com

     




    Original Message


  • 4.  RE: Entire controversy doctrine / assault of child

    Posted 06-28-2017 09:48 AM

    However, there may be an argument for tolling the statute of limitations since the depression, as an injury, is ongoing.

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    Alix Claps Esq.
    Mount Freedom NJ
    (973)895-4400
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    Original Message