J.J. v. Luckow

578 N.W.2d 17, 1998 Minn. App. LEXIS 534, 1998 WL 250717
CourtCourt of Appeals of Minnesota
DecidedMay 19, 1998
DocketC3-97-1930
StatusPublished
Cited by8 cases

This text of 578 N.W.2d 17 (J.J. v. Luckow) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
J.J. v. Luckow, 578 N.W.2d 17, 1998 Minn. App. LEXIS 534, 1998 WL 250717 (Mich. Ct. App. 1998).

Opinions

OPINION

CRIPPEN, Judge.

Based on injuries caused by sexual abuse, appellant J.J. commenced this action when he was 24 years old; six years and four days after the abuse ended. In a summary judgment that we affirm, the trial court determined that the statute of limitation expired before appellant brought this action and rejected appellant’s contention that he had reason for failing to know he had been sexually abused until he was confronted about the abuse one week after it ended.

FACTS

The evidence indicates that respondent Luckow sexually abused appellant during several years ending on August 24, 1989, 40 days after appellant turned age 18. Until appellant was questioned six days later about his relationship with Luckow, no one else was aware of the abuse. The two became acquainted through appellant’s father, who had [19]*19been Luekow’s partner in the Minneapolis Police Department.

Appellant commenced this action on August 28, 1995. Noting that appellant did not claim to have repressed his memories of the abuse, the trial court found that at all pertinent times appellant “recalled and understood the details of the abuse.” The court concluded that “[a] reasonable person in [appellant’s] situation should have known that he had been abused” prior to August 24, 1989.

ISSUES

1. Did the trial court err in finding that-the statute of limitations ran on August- 24, 1995?

2. Did appellant’s infancy disability prior to July 15, 1989 extend the period of limitation beyond August 24,1995?

ANALYSIS

1.

Generally, the date on which victims of sexual abuse know or have reason to know that they have been abused involves a factual determination and is a question for the trier of fact. W.J.L. v. Bugge, 573 N.W.2d 677, 680 (Minn.1998) (citing Wittmer v. Ruegemer, 419 N.W.2d 493, 498 (Minn. 1988)). But where the “pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact” and as a matter of law either party is entitled to judgment, summary judgment is appropriate. Id. (quoting Minn. R. Civ. P. 56.03). While the moving party must show that no issues of material fact exist, the nonmoving party may avoid summary judgment by presenting specific facts showing that there is a genuine issue for trial. Id. (noting that the nonmoving party cannot rely on allegations in the pleadings or speculate on evidence that might be produced at trial).

Appellant asserts that he did not know or have reason to know that he was sexually abused before the police questioned him on August 30, 1989. In determining when appellant knew or should have known he was abused, we are to apply a reasonable person standard. Id. at 681. This standard has been adopted by the supreme court in recognition that “[w]hile the manifestation and form of the injury is significant to the victim, it is simply not relevant to the ultimate question of the time at which the complainant knew or should have known that he/she was sexually abused.” Blackowiak v. Kemp, 546 N.W.2d 1, 3 (Minn.1996).

Because of the inseparable interplay between the act of sexual abuse and personal injury, “the victim is immediately put on notice of the causal connection between the abuse, and injury.” W.J.L., 573 N.W.2d at 681. “Accordingly, the statute of limitations begins to run once a victim is abused unless there is some legal disability, such as the victim’s age, or mental disability, such as repressed memory of the abuse, which would make a reasonable person incapable of recognizing or understanding that he or she had been sexually abused.” Id.

' Rejecting the application of a “wholly subjective inquire into [W.J.L.’s] unique circumstance,” the supreme court in W.J.L. found that W.J.L.’s recollection of being confused by the abuse and her abuser’s representation that the misconduct was therapeutic was not helpful in determining when a reasonable person in the same situation should have known of the abuse. Id. at 682 (quoting Blackomak, 546 N.W.2d at 3). The court concluded that “[m]erely not thinking about the abuse is not enough to delay the running of the statute of limitations.” Id. Similarly, in Blackomak, noting that the victim had not discussed his abuse with a counselor because of “shame,” the supreme court concluded that recognition of shame is evidence that a psychological injury occurred and that the victim should have known he was injured. 546 N.W.2d at 3.

In this case, appellant did not tell anyone of the abuse prior to being questioned by the police. A psychologist offering an affidavit on appellant’s behalf, explained that “sexual abuse victims often suffer from confusion, guilt and self-blame which preclude them from realizing that they have [20]*20been victimized by the trusting adult authority figure.” As in Blackowiak and W.J.L., we are left with no evidence of when appellant knew he was injured other than his silence and its roots in the confusion, guilt, and shame that he suffered. But silence does not represent a special cause to delay the running of the statute of limitations. W.J.L., 573 N.W.2d at 682. And delay is not justified by evidence of confusion, guilt, or self-blame. Id.; Blackowiak, 546 N.W.2d at 3. Moreover, as respondent City of Minneapolis contends, appellant’s silence was not easily broken when he was confronted on August 30, 1989, which he attributes to his concern that Luckow would be sent to prison. This concern having arisen immediately upon the confrontation of appellant, it is evident that appellant was well aware that Luckow’s conduct was improper.

Appellant attempts to distinguish pri- or authority by suggesting that victims do not know they have been injured due to sexual abuse prior to appreciating that the perpetrator is a wrongdoer. Appellant’s psychologist explains that it often takes a great deal of time for “victims of sexual abuse to understand or even suspect that they were victimized,” again, because they suffer from confusion, guilt, and self-blame. The expert proffers that wrongdoing is not understood when attributed to a person in a position of trust and authority. This distinction is unsupported and specifically refuted by the reasoning in Blackowiak. The victim’s absolution of the perpetrator does not eliminate knowledge of sexual abuse. Rather, as explained in the record here, it reflects guilt and self-doubt, which for a reasonable person is a recognition of injury. See id. (victim of sexual abuse should have known he had been injured at point he recognized that he did not discuss abuse with counselor because of shame).

2.

In the present case, the majority of appellant’s abuse occurred during a period of legal disability — his state of infancy prior to his 18th birthday on July 15,1989. Although he was abused as an adult for 40 days, he was abused as a child for several years. Appellant suggests that he has seven years after he becomes an adult to bring a suit on the childhood abuse. The seven years includes six years under Minn.Stat. § 541.073, subd.

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D.M.S. v. Barber
645 N.W.2d 383 (Supreme Court of Minnesota, 2002)
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627 N.W.2d 369 (Court of Appeals of Minnesota, 2001)
Bertram v. Poole
597 N.W.2d 309 (Court of Appeals of Minnesota, 1999)
J.J. v. Luckow
578 N.W.2d 17 (Court of Appeals of Minnesota, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
578 N.W.2d 17, 1998 Minn. App. LEXIS 534, 1998 WL 250717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jj-v-luckow-minnctapp-1998.