Torts; Assault And Battery-Emotional Distress-Statute Of Limitations

Staff Report//July 2, 2019//

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Where petitioner sought the dismissal of claims against him for assault, battery, intentional infliction of emotional distress and negligent infliction of emotional distress, the assault and battery claims were time barred, but the emotional distress claims properly alleged claims independent from traditional common law actions, so the preliminary writ is made permanent in part and quashed in part.

Preliminary writ made permanent in part; quashed in part.

State ex rel. Brad Halsey v. Phillips ((MLW No. 73437/Case No. SC97288 – 9 pages) (Supreme Court of Missouri, Wilson, J. Fischer, C.J., Draper, Russell, Breckenridge and Stith, JJ., and Scott, Sp.J., concur. Powell, J., not participating.) Original proceeding in prohibition (Nichole A. Caldwell, Overland Park, Kansas, and David S. Baker, Kansas City, Missouri, for relator) (R. Mark Nasteff Jr. and Amy D. Quinn, Liberty, for appellant).