●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.ImmunitiesI.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 34
control employees/volunteers and emphasize safety.C.No longer applicable II.Spousal Immunities:A.Designed considering “one flesh” legal identity, wanted to promote marital harmony, prevent fraud/collusion against insurance companies, and discourage frivolous claims.B.Largely lost all significance, no longer applicable III.Parental Immunity:A.Largely limited, only applicable in some situationsB.Goller v. White: only allows where alleged negligent act involves [the] exercise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.