H.R.B. v. J.L.G.

913 S.W.2d 92, 1995 Mo. App. LEXIS 2079
Missouri Court of Appeals·Decided December 19, 1995·No. No. 68010·Published·Cited by 43 cases

Opinion

GARYM. GAERTNER, Judge.

Appellants, H.R.B. (“plaintiff’) and B.B. (“wife”), appeal from the judgment of the Circuit Court of the City of St. Louis dismissing their petition against respondents, J.L.G. (“defendant”), Archbishop Justin Ri-gali of the Archdiocese of St. Louis, Missouri (“the archbishop”), and Church of the Immaculate Conception School and Parish (“the church”). We affirm in part and reverse and remand in part.

On September 30, 1994, plaintiff and wife filed a ten-count petition alleging the following: In 1963, plaintiff was a thirteen-year-old student at a school run by the church, which was under the direct supervision and control of the archbishop. Through 1963 and 1964, plaintiff suffered various instances of sexual abuse by defendant J.L.G., a Roman Catholic priest employed by the church. As a direct result of defendant’s conduct, plaintiff suffered, inter alia, severe emotional distress, lost earnings and earning capacity, sexual addiction and dysfunction, depression, anxiety, panic attacks, “and other psychological and emotional sequelae.”

The petition further alleged:
15.Plaintiff and defendant ... had a confidential and/or fiduciary relationship. The power imbalance between defendant ... and plaintiff increased the plaintiffs vulnerability to defendant ... and had the effect of silencing plaintiff.
16. The nature of the relationship and the sexual exploitation perpetrated upon plaintiff caused him to develop certain psychological coping mechanisms. Plaintiff was unable to ascertain his injuries and their connection to the sexual abuse perpetrated upon him until approximately October 1992.
17. In approximately October 1992, plaintiff ... was hospitalized as being suicidal. At this time, he discovered that his psychological illnesses and emotional difficulties were the result of sexual abuse suffered at the hands of [defendant]. Prior to this time, he had never been diagnosed nor had any indication that the events involving sexual abuse had caused injury and ascertainable damage.
18. Therefore, plaintiff brings this action in a timely fashion pursuant to R.S.Mo. [§§ 537.046] and 516.100, in that he did not discover and could not reasonably ascertain the damages he suffered as a result of the sexual abuse until October of 1992. The first three counts of plaintiffs and

wife’s petition were brought by plaintiff against defendant: breach of fiduciary duty (Count I), intentional infliction of emotional distress (Count II), and childhood sexual abuse (Count III). The next five counts were brought by plaintiff against the archbishop 1 and the church: respondeat superior (Count IV), negligence (Count V), negligent infliction of emotional distress (Count VI), intentional infliction of emotional distress (Count VII), and breach of fiduciary duty (Count VIII). The final two counts were loss of consortium claims against all the respondents, brought by plaintiff (Count IX) and wife (Count X).

On October 12, 1994, the archbishop and the church moved to dismiss the claims against them in Counts IV through X of the petition. On November 3, 1994, defendant moved to dismiss the claims against him in Counts I, II, III, IX, and X. The motions were taken under submission on January 13, 1995.

On February 22, 1995, the trial court granted both motions to dismiss. The court [95] determined plaintiffs damages were sustained and capable of ascertainment at the time of the alleged sexual abuse, and his cause of action therefore accrued at that time. The court noted that “[plaintiff attempts to avoid the five year statute of limitations [RSMo § 516.120(4)]2 by arguing that his psychological coping mechanisms repressed any memory of the abuse until 1992.” However, the court found, in reliance on Doe v. Roman Catholic Diocese, 862 S.W.2d 338 (Mo.banc 1993) and Vandenheuvel v. Sowell, 886 S.W.2d 100 (Mo.App.W.D.1994), that “repressed memory does not serve to extend the statute of limitations for Plaintiffs’ claims to the time plaintiffs memory revived.” The court further found RSMo § 537.046 did not extend the time for filing the petition, as the original statutes of limitations — RSMo §§ 516.120 and 516.100 — had already expired and the respondents had therefore acquired a vested right to be free from suit.

The trial court dismissed all the counts against defendant: Counts I, II, and III were dismissed “based on the statute of limitations[;]” Count IX (plaintiffs claim of loss of consortium) was dismissed for failure to state a claim; and Count X (wife’s claim of loss of consortium) was dismissed because wife was not married to plaintiff at the time his cause of action accrued. The court also dismissed Counts IV through X against the archbishop and the church. This appeal followed.

Several statutes of limitations are involved in this case. An action for sexual abuse may be brought as a battery action, in which case the plaintiff has two years to file the action, RSMo § 516.140; or the action may be brought pursuant to RSMo § 516.120(4), which requires that tort actions not specifically enumerated by statute (but recognized at law) be brought within five years. See Doe v. Roman Catholic Diocese, 862 S.W.2d at 339. If the alleged abuse occurred when the plaintiff was a minor, RSMo § 516.170 tolls the applicable statute of limitations until the plaintiff turns twenty-one. See J.D. v. M.F., 758 S.W.2d 177, 178 (Mo.App.E.D.1988). With respect to RSMo §§ 516.120(4) and 516.140, RSMo § 516.100 provides that

the cause of action shall not be deemed to accrue when the wrong is done or the technical breach of contract or duty occurs, but when the damage resulting therefrom is sustained and capable of ascertainment, ....

(emphasis added.) Also, RSMo § 537.046.2 provides for independent civil actions for damages suffered as a result of childhood sexual abuse, if the action is brought within five years of the plaintiffs eighteenth birthday, or “within three years of the date the plaintiff discovers or reasonably should have discovered that the injury or illness was caused by child sexual abuse,” whichever is later. However, RSMo § 537.046 does not revive actions that have expired prior to its effective date of August 28, 1990, and, if a plaintiff’s suit was already barred by an existing statute of limitations on that date, the defendant has obtained a vested right to be free from suit. Doe v. Roman Catholic Diocese, 862 S.W.2d at 342.

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H.R.B. v. J.L.G., 913 S.W.2d 92, 1995 Mo. App. LEXIS 2079 (Mo. Ct. App. 1995).

913 S.W.2d 92 (H.R.B. v. J.L.G.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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