## Facts

- Paula Jean Hearndon alleged her stepfather, Kenneth L. Graham, sexually abused her from 1968 (age eight) through 1975 (age fifteen).
- Hearndon alleged she later suffered traumatic amnesia caused by the abuse and did not regain memory until about 1988.
- In 1991, Hearndon filed a tort action seeking damages for injuries from the abuse.
- The trial court dismissed the complaint with prejudice as time-barred under a four-year limitations period in § 95.11(3)(o), Florida Statutes (1987).
- The district court of appeal affirmed and certified a question regarding whether delayed discovery could apply where the plaintiff alleged repressed memory.

## Issues

1. In a tort action based on childhood sexual abuse, where the plaintiff alleges traumatic amnesia caused by the abuse, does the delayed discovery doctrine postpone accrual so the statute of limitations runs only when the plaintiff knew or reasonably should have known of the injury and its cause?

## Decision

- The Florida Supreme Court answered the rephrased certified question “yes.”
- The Court held the delayed discovery doctrine may postpone accrual of a childhood sexual abuse cause of action when the plaintiff alleges traumatic amnesia caused by the abuse.
- The Court reversed the district court’s affirmance of dismissal and remanded for further proceedings.

## Legal Principles

- Under delayed discovery, a cause of action does not accrue until the plaintiff either knows, or reasonably should know, of the tortious act giving rise to the claim.
- Accrual (when the limitations period begins) is distinct from tolling (pausing a limitations period after accrual); both can postpone the running of limitations, but they operate differently.
- Legislative limits on tolling grounds in § 95.051 do not foreclose judicial recognition of delayed accrual under common-law principles.
- The Court did not decide whether the plaintiff actually experienced traumatic amnesia or the reliability of methods used to recover memory; those are factual matters for further proceedings.

## Conclusion

The Florida Supreme Court held that, in childhood sexual abuse tort claims, allegations of traumatic amnesia can support delayed discovery that postpones accrual, allowing suit within the limitations period measured from when the plaintiff knew or reasonably should have known of the abuse-related injury and its cause.


Hearndon v. Graham, 767 So. 2d 1179 (Fla. 2000)