Narrative Opinion Summary
The case involves an appeal by K.B., who filed a personal injury lawsuit against her former Sunday school teacher and pastor, Donald Olson, for alleged sexual abuse occurring between 1966 and 1972. K.B. argues that the district court incorrectly applied the statute of limitations under the delayed discovery rule. The abuse began when K.B. was 14, and continued until she was 18, but she only disclosed the abuse during therapy in 1987. The district court granted summary judgment, determining that K.B. knew or should have known of the abuse and its consequences by October 1987, thus barring her claims under the six-year statute of limitations. The court applied an objective standard to assess when a reasonable person in K.B.'s situation would have recognized the impact of the abuse, rejecting K.B.'s argument that she was unaware until after August 1988. The court found that K.B.'s statements and therapy records indicated her awareness prior to the expiration of the statute. Judge Amundson dissented, criticizing the statute of limitations for its harsh impact on victims of sexual abuse, particularly in cases involving repressed memories. Ultimately, the appellate court affirmed the district court's decision, finding no error in the application of the law.
Legal Issues Addressed
Delayed Discovery Rule in Sexual Abuse Casessubscribe to see similar legal issues
Application: The court applied the delayed discovery rule, determining that the statute of limitations began when K.B. knew or should have known of the abuse and its consequences, which was deemed to be before December 9, 1987.
Reasoning: The statute concerning delayed discovery of sexual abuse claims stipulates that actions must commence within six years of when the plaintiff knew or should have known of the abuse and its consequences.
Objective Standard for Awareness in Sexual Abuse Casessubscribe to see similar legal issues
Application: The court used an objective test to determine when a reasonable person in K.B.'s position would have realized the impact of the abuse, concluding that K.B. had the requisite awareness by October 1987.
Reasoning: The court must apply an objective test to assess when a reasonable person, in K.B.'s position, should have realized the abuse's impact.
Summary Judgment in Statute of Limitations Contextsubscribe to see similar legal issues
Application: The court upheld the summary judgment, stating that K.B.'s claims were time-barred because she had reason to know of the abuse and its effects before the statute's expiration.
Reasoning: The trial court granted summary judgment, concluding K.B. had reason to know of the abuse and its effects by that date, which was more than six years before she filed her lawsuit.