Most states hold that sol starts when π is aware of

● Most states hold that SoL starts when π is aware of some harm, even if injury
worsens at a later date.
● π’s later suit for a worsened condition may not be barred if the latter problem is
considered a separate disease or injury.
I. Ultimate Repose Limitations: Sets a time period following negligent conduct.
A. General negligence Action Ultimate Repose rule: 10 years.
B. Med. Mal action ultimate repose rule: 10 years, 20 for minor.
C. Product Liability Ultimate Repose Rule: 12 years from seller, or 10 from
first possession by initial user.
Immunities
I. Charitable Immunity:
A. Charities, educational, and religious organizations had immunity for
policy reasons, such at wanting to encourage donations, use of donations
for tort recoveries would be misuse of donor funds, client of charity
assumed risk of Org.’s negligence, and vicarious liability should not apply.
B. Today, many states have abolished or restricted because of availability of
liability insurance, existence of large, well-funded Orgs., and ability to
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control employees/volunteers and emphasize safety.
C. No longer applicable
II. Spousal Immunities:
A. Designed considering “one flesh” legal identity, wanted to promote
marital harmony, prevent fraud/collusion against insurance companies,
and discourage frivolous claims.
B. Largely lost all significance, no longer applicable
III. Parental Immunity:
A. Largely limited, only applicable in some situations
B. Goller v. White : only allows where alleged negligent act involves [the]
exercise of parental authority over the child; and where the alleged
negligent act involves an exercise of ordinary parental discretion with
respect to caring/raising.
C. Cali. limited Goller , measured by whether the parent failed to act as an
ordinary and careful parent would have.
D. N.Y. held parents could be liable when a recognized duty apart from the
family relationship was involved (such as operation of car)
E. IL: Doesn’t apply
F. Where the parent was charged with willful, wanton, and reckless conduct;
G. where the allegedly negligent parent is deceased;
H. in 3rd party contribution actions against the parents; and
I. where the parent owed a duty to the general public and “only incidentally
to the members of the family living in the house.”
IV. Governmental Immunity:
A. Known as sovereign immunity.
B. Some have abolished, while other have limited through legislation.
C. FTCA waived immunity for negligence and other wrongful conduct, but
retains for certain intentional torts (assault, battery, F.I., false arrest,
malicious prosecution, abuse of process, libel, slander, misrepresentation,
deceit, and interference w/contract.
D. Remedies are exclusively agains U.S. and not against federal employee
unless claim involves constitutional violation or is otherwise allowed.
E. Immunity still allowed for questions pertaining to discretionary functions.