(a) When a person entitled to bring an action specified in this chapter is a minor, lacks
capacity to protect his or her interests due to a mental condition or psychiatric
disability, or is imprisoned at the time the cause of action accrues, such person
may bring such action within the times in this chapter respectively limited, after
the disability is removed.
(b) If a person entitled to bring an action specified in this chapter becomes unable to
protect his or her interests due to a mental condition or psychiatric disability after
the cause of action accrues but before the statute has run, the time during which
the person is unable to protect his or her interests due to a mental condition or
psychiatric disability shall not be taken as a part of the time limited for the commencement
of the action. (Amended 1979, No. 112 (Adj. Sess.), § 1, eff. date, see note set out below; 2013, No. 96 (Adj. Sess.), § 45.)
Virginia Fila v. Spruce Mountain Inn, 2005 VT 77 (Vt. 2005). · cites it 8דAccordingly, we conclude the trial court applied an erroneous legal standard in determining that plaintiff was not "insane" for purposes of tolling the statute of limitations under § 551.”
Pike v. Chuck's Willoughby Pub, Inc., 2006 VT 54 (Vt. 2006). · cites it 3דThe trial court denied the motion but granted defendant’s request to file this interlocutory appeal, which presents two issues: (1) whether the minority tolling provision of 12 V.S.A. § 551(a) applies to an action under the DSA, and (2) whether the discovery rule articulated in…”
Earle v. State, 743 A.2d 1101 (Vt. 1999). · cites it 2ד§ 512, tolled until plaintiff’s eighteenth birthday, see 12 V.S.A. § 551, the trial court concluded plaintiff had to have filed this action by February 8,1996, which he did not.”
Cavanaugh v. Abbott Labs., 496 A.2d 154 (Vt. 1985). “12 V.S.A. § 551. If the plaintiff’s age of majority is deemed to be her twenty-first birthday, the latest possible date for her to have initiated a cause of action in Vermont, without it being barred by an applicable statute of limitations, would have been March 16, 1981 — three…”
Leo v. Hillman, 665 A.2d 572 (Vt. 1995). “They claim that under 12 V.S.A. § 551, the running of the limitations period in § 1492(a) is tolled as to the chief beneficiary of Leo-Coneys’s estate, her son, who was and is still a minor.”
Jane Doe v. Victoria Camacho, 2024 VT 72 (Vt. 2024). “See 12 V.S.A. § 551(a) (providing that where plaintiff is “imprisoned at the time the cause of action accrues,” limitations period begins to run upon plaintiff’s release).”
Goode v. State, 553 A.2d 142 (Vt. 1988). · cites it 2דSee 12 V.S.A. § 551. On remand the trial court found that the statute of limitations was not tolled and again dismissed the action because: (1) according to his testimony plaintiff was insane solely with respect to this litigation and could function in all other parts of his…”
Goode v. State, 514 A.2d 322 (Vt. 1986). · cites it 2ד12 V.S.A. § 551. A person may be insane, within the meaning of the statute of limitations, when his mental disability makes him unable to manage his business affairs or estate, or to comprehend his legal rights and liabilities.”
Eaton v. Prior, Belmay & Vermont State Police, 2012 VT 54 (Vt. 2012). “Even if the claims accrued in March 2006 or earlier, however, the Eatons contend that the complaint was timely because Ms. Eaton’s inability to manage her affairs tolled the limitations period from mid-2004 until January 2008.”
Barquin v. Roman Catholic Diocese, 839 F. Supp. 275 (D. Vt. 1993). “Defendants urge that because the alleged abuse in this ease occurred over forty years ago, even allowing for a tolling of the statute of limitations because of disability or minority, Vt.Stat.Ann. tit. 12, § 551, plaintiff must have been aware of his injuries prior to 1992 and…”
Pike v. Chuck's Willoughby Pub, Inc., 2006 VT 54 (Vt. 2006). “The trial court denied the motion but granted defendant’s request to file this interlocutory appeal, which presents two issues: (1) whether the minority tolling provision of 12 V.S.A. § 551(a) applies to an action under the DSA, and (2) whether the discovery rule articulated in…”
Jane Doe v. Victoria Camacho, 2024 VT 72 (Vt. 2024). “See 12 V.S.A. § 551(a) (providing that where plaintiff is “imprisoned at the time the cause of action accrues,” limitations period begins to run upon plaintiff’s release).”
Virginia Fila v. Spruce Mountain Inn, 2005 VT 77 (Vt. 2005). “Accordingly, we conclude the trial court applied an erroneous legal standard in determining that plaintiff was not "insane" for purposes of tolling the statute of limitations under § 551.”
Eaton v. Prior, Belmay & Vermont State Police, 2012 VT 54 (Vt. 2012). “Even if the claims accrued in March 2006 or earlier, however, the Eatons contend that the complaint was timely because Ms. Eaton’s inability to manage her affairs tolled the limitations period from mid-2004 until January 2008.”
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