After having her lawsuit in the extensive pile of truly disturbing allegations against disgraced shock rocker Marilyn Manson (born Brian Warner) dismissed over the statute of limitations last year, his former assistant Ashley Walters has won her appeal, reviving the case.
Walters had initially sued Warner for sexual assault, sexual harassment and sex discrimination back in 2021, alleging that, during her "horrific" year of employment, she was assaulted, whipped and thrown against a wall during a drug-induced rage.
While she stopped working for Warner in 2011, Walters alleged that the typical two-year statute of limitations didn't apply because her memories had been repressed until 2020, invoking the "delayed discovery" rule. Further, she claimed that her former employer had used threatening behaviour to ensure her silence.
Last year, a judge tossed the case, ruling that Walters had "failed to plead the facts to invoke the delayed discovery rule." She appealed, and yesterday (December 13), a tribunal with California's Second Appellate District sided with her and reversed the lower court ruling, sending the case back for trial.
"Walters's allegations of delayed discovery were sufficient to withstand demurrer, and we reverse," the ruling reads [via Rolling Stone].
Walters's lawyer, James Vagnini, added in a statement to the publication, "This is a great victory for all survivors as it provides a clear path for issues of repressed memories and delayed discovery in these types of cases. I think the court is very firm in articulating a very clear decision as to why survivors have repressed memories and why that should be relevant when they come forward later in life to bring those claims."
Walters had initially sued Warner for sexual assault, sexual harassment and sex discrimination back in 2021, alleging that, during her "horrific" year of employment, she was assaulted, whipped and thrown against a wall during a drug-induced rage.
While she stopped working for Warner in 2011, Walters alleged that the typical two-year statute of limitations didn't apply because her memories had been repressed until 2020, invoking the "delayed discovery" rule. Further, she claimed that her former employer had used threatening behaviour to ensure her silence.
Last year, a judge tossed the case, ruling that Walters had "failed to plead the facts to invoke the delayed discovery rule." She appealed, and yesterday (December 13), a tribunal with California's Second Appellate District sided with her and reversed the lower court ruling, sending the case back for trial.
"Walters's allegations of delayed discovery were sufficient to withstand demurrer, and we reverse," the ruling reads [via Rolling Stone].
Walters's lawyer, James Vagnini, added in a statement to the publication, "This is a great victory for all survivors as it provides a clear path for issues of repressed memories and delayed discovery in these types of cases. I think the court is very firm in articulating a very clear decision as to why survivors have repressed memories and why that should be relevant when they come forward later in life to bring those claims."
