This section contains the nature of the case and procedural background.

P, daughter, intervened in her parents' divorce proceeding, alleging that D, father, was negligent by sexually abusing her until she was seventeen years old. P claims she repressed the memories until her parents filed for divorce. D argues that because P filed 2 years and 4 months after her 18th birthday, that the suit was barred by the two-year statute of limitations. P argues that the discovery rule applies which tolled the statute of limitations because P did not consciously recall the abused until 4 months after her 20th birthday. The court held for D in that the discovery rule did not apply to toll the statute of limitations for personal injury actions. P appealed. The court of appeals reversed and D appealed. The Supreme Court of Texas granted certiorari.

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