Roberts v. Caton

619 A.2d 844, 224 Conn. 483, 1993 Conn. LEXIS 14
CourtSupreme Court of Connecticut
DecidedFebruary 2, 1993
Docket14534
StatusPublished
Cited by59 cases

This text of 619 A.2d 844 (Roberts v. Caton) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Caton, 619 A.2d 844, 224 Conn. 483, 1993 Conn. LEXIS 14 (Colo. 1993).

Opinion

Norcott, J.

The dispositive issue in this appeal is whether an amendment to General Statutes § 52-577d, [485]*485which extends the statute of limitations for a civil action for damages caused by sexual assault of a minor, may be retroactively applied. The plaintiff, Pamela Roberts, brought a civil action for damages against the defendant, Alex Catón, her grandfather, alleging that the defendant had sexually assaulted her from the time she was five years old until she was approximately eleven years old. The trial court granted the plaintiffs application for prejudgment remedies and ordered attachment and garnishment of the defendant’s property in the amount of $350,000. The defendant appealed from the order of the trial court to the Appellate Court, and we transferred the appeal to this court pursuant to Practice Book § 4023 and General Statutes § 51-199 (c). We affirm the judgment of the trial court.

The pleadings and the plaintiff’s testimony at a prejudgment remedy hearing establish the following facts for the purposes of this appeal.1 The plaintiff was born on October 15,1968. Between 1973 and 1979, the defendant coerced the plaintiff to engage repeatedly in various sexual activities with him. As a result, the plaintiff suffered temporary physical injury to her genital area as well as temporary and permanent severe psychological and emotional distress. The psychological injury suffered by the plaintiff has manifested itself in acts of self-mutilation, drug abuse, severe anxiety, anorexia, flashbacks and sleep disturbances. Since 1990, the plaintiff has received psychotherapy on a [486]*486weekly basis and has seen a psychiatrist on a bimonthly basis to receive medication to alleviate -anxiety. The plaintiffs therapist testified that the plaintiffs symptoms were caused by the defendant’s sexual abuse of her and that the plaintiff would require at least ten years of intensive therapy to achieve an acceptable state of mental health.

After testimony had been presented, the defendant argued that probable cause for the prejudgment remedy2 could not be established because the statute of limitations applicable to the plaintiff’s action, General Statutes § 52-577d, had already expired. The plaintiff countered that the applicable statute of limitations at the time the plaintiff’s application for prejudgment remedies was filed was § 52-577d as amended by No. 91-240 of the 1991 Public Acts, which extended the time period within which actions arising out of sexual abuse of minors may be brought from two years to seventeen years after the minor attains majority. The plaintiff argued, therefore, that probable cause could not be defeated on that ground.3 The trial court declined to [487]*487address the applicability of the amended statute of limitations because it considered the issue to have been raised prematurely.4 The trial court found that probable cause existed to sustain the validity of the claim and entered an order permitting the plaintiff to attach and garnish the defendant’s property in the amount of $350,000.

The defendant claims that, because the statute of limitations had already expired, the trial court improperly found that there was probable cause to enter a prejudgment remedy order. The defendant’s arguments center on whether § 52-577d as amended by No. 91-240 of the 1991 Public Acts (hereinafter § 52-577d as amended) may be applied retroactively to the plaintiff’s claim for damages relating to acts that occurred, at the latest, in 1979.5 6To summarize, the defendant argues [488]*488that § 52-577d as amended cannot be applied retroactively to the plaintiffs claim. The defendant argues, therefore, that because no other statute of limitations would permit the action, the trial court improperly concluded that there was probable cause to attach the defendant’s property. We conclude that § 52-577d as amended applies retroactively to the plaintiff’s claim and therefore we affirm the order of the trial court.

We begin our analysis by restating the general proposition that statutes of limitation are presumed to apply retroactively. See Moore v. McNamara, 201 Conn. 16, 22, 513 A.2d 660 (1986); Andrulat v. Brook Hollow Associates, 176 Conn. 409, 412-13, 407 A.2d 1017 (1979); Jones Destruction, Inc. v. Upjohn, 161 Conn. 191, 195-96, 286 A.2d 308 (1971). Although substantive legislation is not generally applied retroactively absent a clearly expressed legislative intent, legislation that affects only matters of procedure “is presumed to [be] applicable to all actions, whether pending or not, in the absence of any expressed intention to the contrary.” Lavieri v. Ulysses, 149 Conn. 396, 401, 180 A.2d 632 (1962); E.M. Loew’s Enterprises, Inc. v. International Alliance, 127 Conn. 415, 418, 17 A.2d 525 (1941). Statutes of limitation are generally considered to be procedural, “ ‘especially where the statute contains only a limitation as to time with respect to a right of action and does not itself create the right of action . . . .’ ” (Citation omitted.) Moore v. McNamara, supra, 22; Jones Destruction, Inc. v. Upjohn, supra, 195. Therefore, unless specifically tied to a statutory right [489]*489of action or unless a contrary legislative intent is expressed, the statute of limitations in effect at the time an action is filed governs the timeliness of the claim. See Andrulat v. Brook Hollow Associates, supra, 413; Bohun v. Kinasz, 124 Conn. 543, 547, 200 A. 1015 (1938).

The plaintiff attained majority in October, 1986, and she filed this suit in January, 1992. At the time the suit was filed, the governing statute of limitations for a civil action arising out of sexual assault of a minor was § 52-577d as amended, which permits actions to be filed within seventeen years of the minor attaining the age of majority. The statute contains no language that limits the time period in which the limitations period will be effective. Moreover, the legislative history of the statute gives no indication that it was intended to apply prospectively only. Thus, under our ordinary legal presumptions, the plaintiffs action was timely filed. We therefore must now consider whether there is any basis for disregarding this legal presumption.

The defendant argues that § 52-577d as amended cannot be applied retroactively because it creates a substantive change in the law. If a statute gives a right of action that did not exist at common law, the limitations period contained therein is a condition attached to that right; Diamond National Corporation v. Dwelle, 164 Conn. 540, 543, 325 A.2d 259 (1973); and the entire statute is considered substantive rather than procedural. Moore v. McNamara, supra, 23.

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Bluebook (online)
619 A.2d 844, 224 Conn. 483, 1993 Conn. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-caton-conn-1993.