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101 Dick. L. Rev. 161 (1996-1997)
Tolling the Statute of Limitations for Battered Women after Giovine v. Giovine: Creating Equitable Exceptions for Victims of Domestic Abuse

handle is hein.journals/dlr101 and id is 171 raw text is: Tolling the Statute of Limitations for Battered Women After Giovine v. Giovine: Creating Equitable Exceptions for Victims of Domestic Abuse I. Introduction On July 1, 1994, Christina Giovine brought an action against her husband for dissolution of marriage and damages for his intentional tortious conduct during their twenty-four year mar- riage.1 She alleged a continuous and unbroken wrong beginning less than one year after their marriage and continuing throughout twenty-one years of the marriage.2 These claims were dismissed by the trial court based upon the statute of limitations.3 On appeal from this ruling, the plaintiff alleged that her husband's conduct, which consisted of mental and physical abuse, caused her severe emotional and physical injury,4 and contended that the continuing damage she suffered constituted battered woman's syndrome (BWS).5 The Appellate Division of the New Jersey Superior Court ruled that this claim could form a continu- ous tort6 sufficient to toll the statute of limitations, provided she could show that she was suffering from the syndrome.7 The court required her to establish through medical, psychiatric or psycho- logical expert testimony that her condition caused her to have an inability to take any action to improve or alter the situation unilaterally.8 If she could establish this, her claims against her husband would not be barred by the statute of limitations, thus 1. Giovine v. Giovine, 663 A.2d 109 (N.J. Super. Ct. App. Div. 1995). 2. Id. at 112. 3. Id. 4. Id. at 118. 5. Id. at 113. 6. For a discussion of the continuous tort doctrine, see infra part IV.A.1. 7. Giovine, 663 A.2d at 114. 8. Id. (quoting Cusseaux v. Pickett, 652 A.2d 789 (N.J. Super. Ct. Law Div. 1994)).

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