State ex rel. Brad Halsey, Relator v. the Honorable Jennifer M. Phillips, Respondent.

Summary

The Supreme Court of Missouri affirmed the writ of prohibition in part, holding that the plaintiff’s assault and battery claims are time‑barred under the two‑year limitations period, but that her intentional and negligent infliction of emotional distress claims are not time‑barred and may proceed. The Court based its decision on the objective capable‑of‑ascertainment test for assault/battery and on the independence of the emotional‑distress allegations from traditional torts.