Ew v. Dch

754 P.2d 817
CourtMontana Supreme Court
DecidedMay 3, 1988
Docket87-470
StatusPublished
Cited by76 cases

This text of 754 P.2d 817 (Ew v. Dch) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ew v. Dch, 754 P.2d 817 (Mo. 1988).

Opinion

754 P.2d 817 (1988)

E.W. and D.W., Plaintiffs and Appellants,
v.
D.C.H., Defendant and Respondent.

No. 87-470.

Supreme Court of Montana.

Submitted on Briefs March 11, 1988.
Decided May 3, 1988.

William Boggs and Jeanne Kemmis, Missoula, for plaintiffs and appellants.

Randy J. Cox, Boone, Karlberg and Haddon, Missoula, Patrick F. Hooks, Hooks and Budewitz, Townsend, for defendant and respondent.

Peter Michael Meloy, Helena, Sally F. Goldfarb, Lynn, Hecht and Schafran, New York City, for amicus curiae.

SHEEHY, Justice.

Plaintiffs appeal the memorandum and order of the District Court of the Fourth Judicial District, Missoula County, which found that plaintiffs' claims were barred by the statute of limitations governing torts, § 27-2-204, MCA. We affirm.

Plaintiffs present the following issues for review:

1. Was the statute of limitations tolled in this case of incest by the delayed-discovery rule?

2. Did the District Court correctly refuse to apply the fraudulent concealment doctrine?

3. Did the District Court correctly determine that there were no genuine issues of material fact?

The controversy at hand arose as a result of the alleged sexual molestation of plaintiff *818 (EW) by her step-uncle (DCH) from 1957 until 1964. Throughout the course of the proceedings, DCH has vigorously denied that he sexually molested EW. However, for purposes of our review, the factual allegations presented by EW will be regarded as true.

EW was born in 1952, the oldest of three girls. Following her father's death in a boating accident, EW's mother remarried in 1956. The new family subsequently settled on a ranch operated by her stepfather's extended family.

EW first met her step-uncle when she was four years old. As members of the same family, DCH and EW were in frequent contact. DCH's kindness, tenderness, and affection in an otherwise harsh family environment soon caused EW to feel very close to her step-uncle.

The first instance of sexual fondling is alleged to have occurred in 1957, when EW was five years old. Immediately following the attack, EW was informed that the fondling would be "our special secret ..." Incidents of manual manipulation allegedly continued on a regular basis for a period of four years.

DCH is alleged to have first engaged in an episode of forced sexual intercourse with EW during the summer of her ninth year. Following the attack, EW was instructed not to reveal what had occurred or her step-father would be harmed. She was also reminded that her mother would be very angry if she found out what had happened.

The sexual attacks continued over 3 1/2 years until the summer of 1964. At that time, EW revealed the incidents of sexual abuse to a slightly younger friend who had also been molested. Although EW attempted to swear the friend to secrecy, she was soon confronted with the allegations by her mother and step-father. Upon confirming the attacks, EW was not allowed to have further contact with DCH.

In an attempt to verify EW's allegations, the family sought medical confirmation of sexual activity. Dr. William Antonioli examined EW in August, 1964. At that time, Dr. Antonioli determined that EW had a pronounced disruption of the hymen. He was not consulted about possible psychological effects nor was the matter ever raised with him again.

EW suffered emotional and physical disorders as a young adult. Although she always knew she had been molested, she did not associate her psychological problems with the molestation. In 1976, while undergoing a divorce, EW was referred to Dr. Stanley Moisey for psychiatric counseling. During the initial interview, EW informed Dr. Moisey that she had been molested as a child. Dr. Moisey noted it in his records, but never discussed the matter further.

In 1983, EW again sought psychiatric counseling in connection with another potential divorce. Following the initial interview, Dr. June Allison indicated that she suspected a causal relationship between EW's continuing emotional problems and DCH's childhood attacks. After additional therapy, EW and her husband filed suit in 1986 alleging assault and battery, intentional infliction of emotional distress, negligence, and loss of consortium. Shortly thereafter, the District Court granted summary judgment on the basis of the running of the statute of limitations.

DISCOVERY DOCTRINE

On the face of the complaint, it is apparent that the statutory period for bringing an action sounding in tort has expired. EW contends, however, that the running of the statute of limitations was tolled pursuant to the "discovery rule" because her injuries had not fully manifested, she was not aware of her legal rights, and she was not aware of the causal relationship between her injuries and the molestation, until she received therapy in 1983. We disagree.

The primary purpose of statutes of limitations is the suppression of stale claims which, with the attendant passage of time, inhibits a party's ability to mount an effective defense. Thus, "statutes of limitations are regarded as statutes of repose governing the period within which actions must be *819 brought and are designed to compel the exercise of a right of action within a reasonable time, while the evidence remains fresh in the memory of the witnesses." Monroe v. Harper (1974), 164 Mont. 23, 26, 518 P.2d 788, 790. Statutes of limitations also serve to suppress the bringing of fraudulent claims.

The policy underlying the bar imposed by statutes of limitations is, at its roots, one of basic fairness. Our system of jurisprudence is designed to achieve substantial justice through application of the law after the parties have had an opportunity to fully present both sides of a controversy. The failure to bring an action within a reasonable time is clearly not conducive to a full presentation of the evidence nor a search for the truth. Consequently, the law will not reward the plaintiff who sleeps on his or her rights to the detriment of a defendant. Rather, failure to bring an action within the statute of limitations constitutes a bar to the claim.

The legislature has determined that the statutory period to bring an action sounding in tort shall be three years. Section 27-2-204, MCA. Generally, the statute of limitations begins to run upon the occurrence of the last fact essential to the cause of action. See Heckaman v. Northern Pacific Railway Company (1933), 93 Mont. 363, 20 P.2d 258. "The fact that a person entitled to an action has no knowledge of his right to sue, or of the facts out of which his right arises, does not, as a general rule, prevent the running of the statute, or postpone the commencement of the period of limitation, until he discovers the facts or learns of his right thereunder." Kerrigan v. O'Meara (1924), 71 Mont. 1, 8, 227 P. 819, 822; Carlson v. Ray Geophysical Division (1971), 156 Mont. 450, 481 P.2d 427; and Bennett v. Dow Chemical Co. (Mont. 1986), 713 P.2d 992, 43 St.Rep. 221. Only the vigilant are viewed favorably under the law.

In the majority of cases, however, the wrongful act is easily identifiable and the injury simultaneous and obvious. Consistent with the underlying societal policy of fairness, this Court has recognized that the inherent nature of certain species of injury preclude a strict application of the statutory bar. See Grey v.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Hughes v. Anderson
2024 MT 325N (Montana Supreme Court, 2024)
Norbeck v. Flathead Cnty.
2019 MT 84 (Montana Supreme Court, 2019)
Kingman v. Weightman
2017 MT 224 (Montana Supreme Court, 2017)
Christian v. Atlantic Richfield Co.
2015 MT 255 (Montana Supreme Court, 2015)
Eagleman v. Diocese of Rapid City
2015 SD 22 (South Dakota Supreme Court, 2015)
Johnston v. Centennial Log Homes & Furnishings, Inc.
2013 MT 179 (Montana Supreme Court, 2013)
State v. Bobby Cooksey
2012 MT 226 (Montana Supreme Court, 2012)
Burley v. Burlington Northern & Santa Fe Railway Co.
2012 MT 28 (Montana Supreme Court, 2012)
Textana, Inc. v. Klabzuba Oil & Gas
2009 MT 401 (Montana Supreme Court, 2009)
Textana v. Klabzuba
2009 MT 401 (Montana Supreme Court, 2009)
Doe v. Archdiocese of Cincinnati
849 N.E.2d 268 (Ohio Supreme Court, 2006)
Ereth v. Cascade County
2003 MT 328 (Montana Supreme Court, 2003)
Hartford v. General Motors
2003 MT 156N (Montana Supreme Court, 2003)
Nelson v. Nelson
2002 MT 151 (Montana Supreme Court, 2002)
Gomez v. State
1999 MT 67 (Montana Supreme Court, 1999)
Blackburn v. Blue Mountain Women's Clinic
951 P.2d 1 (Montana Supreme Court, 1997)
Dalrymple v. Brown
701 A.2d 164 (Supreme Court of Pennsylvania, 1997)
Doe v. Archdiocese of Milwaukee
565 N.W.2d 94 (Wisconsin Supreme Court, 1997)
Doe v. United Methodist Church
673 N.E.2d 839 (Indiana Court of Appeals, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
754 P.2d 817, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ew-v-dch-mont-1988.