Harrington v. Costello

Plaintiff and the two defendants in this case were Roman Catholic priests. In 2010, Plaintiff filed a complaint alleging that Defendants published, in the parish where Defendant was serving, a false and defamatory stalking accusation against Plaintiff. Plaintiff knew that Defendants published the stalking accusation in 2005, but Defendant did not discover until 2007 that Defendants had fabricated the defamatory accusation. The superior court granted Defendants’ motion to dismiss, concluding that the three-year statute of limitations barred Plaintiff’s claim and that the discovery rule did not toll the limitations period. On appeal, Plaintiff argued that, under the discovery rule, the statute of limitations should be tolled because, until 2007, Plaintiff reasonably could have believed that Defendants were permitted or privileged to repeat the defamatory statement. The Court of Appeals affirmed the judgment dismissing the complaint, holding (1) under the discovery rule, knowledge of the identity of the defendant is necessary for a cause of action to accrue; and (2) because Plaintiff knew in 2005 that Defendants were the publishers of the defamatory stalking accusation, Plaintiff’s complaint was not timely filed. View "Harrington v. Costello" on Justia Law