Kevin J. v. Sager

2000 NMCA 012, 999 P.2d 1026, 128 N.M. 794
CourtNew Mexico Court of Appeals
DecidedNovember 18, 1999
Docket19,745, 19,746
StatusPublished
Cited by7 cases

This text of 2000 NMCA 012 (Kevin J. v. Sager) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kevin J. v. Sager, 2000 NMCA 012, 999 P.2d 1026, 128 N.M. 794 (N.M. Ct. App. 1999).

Opinion

OPINION

WECHSLER, Judge.

{1} This interlocutory appeal presents the first opportunity for us to interpret NMSA 1978, § 37-1-30 (1995), the statute of limitations for claims arising from child sexual abuse. Defendants Edward M. Sager M.D. (Dr. Sager) and Heights Medical Center (Heights) appeal from a trial court order denying their motions for summary judgment based upon the three-year statute of limitations set by Section 37-1-30. We affirm the trial court’s denial of Defendants’ motions.

Facts

{2} On February 5, 1997, Plaintiff Kevin J. (Plaintiff) filed a lawsuit alleging that, in August 1977, while associated with Heights, Dr. Sager sexually abused him during a physical examination. Plaintiff claims that, at age 16, he went to Dr. Sager for his medical examination, which was required before he could become eligible for participation in high school sports. According to Plaintiff, during what Dr. Sager described as a prostate exam, Dr. Sager masturbated Plaintiff to ejaculation in a manner amounting to sexual abuse. Plaintiff does not claim that he re-, pressed any memory of the alleged abuse.

{3} In July or August 1991, Plaintiff began seeing Douglas J. Feil (Feil) of Southwest Counseling Associates, a counsel- or licensed by the State of Colorado. Feil initially diagnosed Plaintiff with low grade depression and general anxiety. In August 1992, Plaintiff first told Feil of the alleged abuse by Dr. Sager. Feil told Plaintiff that the alleged conduct by Dr. Sager amounted to abuse and that Plaintiff should write a letter to the American Medical Association about it. On approximately October 13, 1992, Feil noted, after meeting with Plaintiff, that Plaintiff was able to see some of the negative impact of the alleged abuse and was more able to call it “abuse.” Feil further testified, however, that Plaintiff only used the word “abuse” because Feil had originally termed the alleged conduct “abuse.” According to Feil, Plaintiff did not have “any level of psychological understanding or recognition of what had happened or the impact it had had on his life” at that time. On approximately February 23, 1993, Plaintiff discussed his feelings with Feil, stating that he had made the alleged abuse the “scapegoat” for certain of his feelings.

{4} On or about April 2, 1993, Plaintiff told Feil that he did not want to accept that the abuse was significant because, as Feil testified, Plaintiff blamed himself for the alleged incident. Feil further testified that his notes from that date indicated that Plaintiff “sees how he has let that abuse define him,” and that he understood the effect of the alleged abuse at some level. However, Feil also testified that “it’s a process that unfolds for people.” On or about April 7, 1993, Plaintiff related to Feil that the abuse had become “part of his filter,” meaning, according to Feil, that Plaintiff realized that the alleged abuse was an ingrained part of his personality. Feil further testified that Plaintiff viewed himself as “defective.”

{5} In the fall of 1993, at Feil’s urging, Plaintiff drafted a letter to the Colorado Medical Association in which he wrote, “Though I want to deny it, the incident affected me greatly, reinforcing doubts that I already had about my sexuality.” Feil testified at deposition that the letter was a true statement of how Plaintiff felt on September 20, 1993. Feil further testified that Plaintiff had a cognitive understanding, on some level, of the effect that the alleged abuse had on his life at this time. Notwithstanding his other testimony, Feil testified that, in his opinion, Plaintiff did not “pull it all together” and understand the abuse had affected him on an emotional level until August 1994.

Discussion

{6} The sole issue on appeal is whether the trial .court erred by denying Defendants’ motions for summary judgment upon the rationale that genuine issues of material fact remained to be determined concerning the time Plaintiff knew or had reason to know that the abuse had caused him an injury pursuant to Section 37-l-30(A)(2). This question raises two subissues: (1) the effect of Section 37-l-30(A)(2)’s competent medical or psychological testimony requirement; and (2) the extent of knowledge required to start the statute of limitations running under Section 37-l-30(A)(2).

{7} Section 37-l-30(A) reads as follows:

A. An action for damages based on personal injury caused by' childhood sexual abuse shall be commenced by a person before the latest of the following dates:
(1) the first instant of the person’s twenty-fourth birthday; or
(2) three years from the date of the time that a person knew or had reason to know of the childhood sexual abuse and that' the childhood sexual abuse resulted in an injury to the person, as established by competent medical or psychological testimony.

{8} Plaintiff filed suit on February 5, 1997. Therefore, Plaintiffs claim is timely under Section 37-l-30(A) if it accrued on or after February 5, 1994. Because of Plaintiffs age, Section 37-l-30(A)(l) is not applicable to our determination of whether Plaintiffs complaint was timely.

Standard of Review

{9} Insofar as the questions for determination by this Court involve the interpretation of Section 37-l-30(A)(2), those are questions of law, which we will review de novo. See State v. Rael, 1999-NMCA-068, ¶ 5, 127 N.M. 347, 981 P.2d 280. We then determine whether the application of the law to the facts supports the trial court’s denial of summary judgment. See LaMure v. Peters, 1996-NMCA-099, ¶ 13, 122 N.M. 367, 924 P.2d 1379 (holding that summary judgment is proper if “there is no genuine issue of material fact in dispute and the moving party is entitled to judgment as a matter of law”). Although the historical facts in this case are clear, as set forth in Plaintiffs and Feil’s deposition testimony, the parties differ on the inferences that may be drawn from those facts. We view the evidence in a light most favorable to Plaintiff, as the non-moving party. See id.

Date of Causal Connection Established by Competent Medical and Psychological Testimony

{10} Heights argues that the clause “as established by competent medical or psychological testimony” at the end of Section 37-1-30(A)(2) applies only to the immediately preceding phrase, “that the childhood sexual abuse resulted in an injury to the person.” Therefore, Heights argues, expert psychological testimony is only necessary to determine that an injury resulted from sexual abuse and is not essential in determining when a potential plaintiff either knew or had reason to know of the alleged abuse or the resulting injury. In support of its argument, Heights cites the “last antecedent rule” as discussed by this Court in State ex rel. Department of Public Safety v. One 1990 Chevrolet Pickup, 115 N.M. 644, 647-48, 857 P.2d 44, 47-48 (Ct.App.1993).

{11} We do not agree with Heights’ interpretation of Section 37-l-30(A)(2)’s expert testimony requirement.

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Bluebook (online)
2000 NMCA 012, 999 P.2d 1026, 128 N.M. 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kevin-j-v-sager-nmctapp-1999.