Ross v. Garabedian

742 N.E.2d 1046, 433 Mass. 360, 2001 Mass. LEXIS 69
Massachusetts Supreme Judicial Court·Decided February 12, 2001·Published·Cited by 28 cases

Opinions

Ireland, J.

This is an appeal from the allowance of a motion for summary judgment in favor of the defendant in an action arising out of a homosexual relationship between an adult and a teenager more than thirty years ago. After reviewing affidavits from the plaintiff, his therapist, and a psychiatrist, a Superior Court judge ruled that the statute of limitations barred the plaintiff’s suit. We transferred the case to this court on our own motion. On appeal, we consider whether G. L. c. 260, .§ 4C, delays the accrual of a cause of action of a victim of sexual abuse where the plaintiff knew the activity occurred, but failed to make the “causal connection” between the defendant’s misconduct and the resulting harm. Because triable issues of fact exist regarding when the plaintiff was aware of the “causal connection” between the defendant’s conduct and the resulting harm to the plaintiff, we vacate the grant of summary judgment and remand for further proceedings consistent with this opinion.

[361]*3611. Background. From approximately 1968, the plaintiff, then thirteen years old, engaged in a sexual relationship with the defendant, then twenty-seven years old, that continued until approximately 1971. The sexual contact produced feelings of guilt and shame in the plaintiff. These emotions stemmed from his sense that sexual activity of this sort was “wrong” in the eyes of “society and the Catholic Church.” When he was approximately fifteen years old, the plaintiff ended the relationship. During the next thirty years, plaintiff experienced numerous failed relationships and suffered from psychological and emotional difficulties. In 1978, he sought counselling for problems he was having with his then girl friend.1 In March, 1996, the plaintiff entered into psychotherapy with a different therapist, Christopher Gruener. From the beginning of their therapist-patient relationship, the plaintiff “consciously conceived of his sexual involvement with [the defendant] as wrong and shameful, primarily because of the homosexual nature of the exchange.” According to Gruener, however, the plaintiff had only “begun to be aware of the possibility of some connection between his experience with [the defendant] and some of his presenting symptoms,” by the spring of 1997. The plaintiff’s inability to “link” psychological harm to the defendant’s conduct stemmed from “unconscious coping or blocking mechanisms” commonly found in victims of sexual abuse. In November, 1998, at the behest of his attorney, the plaintiff underwent' an evaluation by psychiatrist Dr. Larry Strasburger. During the evaluation, the plaintiff admitted that he was “scared” during the sexual encounters with the defendant, “get[s] ill thinking about [the conduct]” and realizes he “should never have been there.”2 Dr. Strasburger concluded that “[o]nly now, some thirty years later has he begun to make the connection between his childhood experiences and his adult behavior.” The experts’ reports conclude that the plaintiff was suffering [362] from a posttraumatic stress disorder as a result of the defendant’s ‘ sexual conduct toward him when he was a minor.

At some point during the first six months of his treatment with Gruener, the plaintiff contemplated litigation against the defendant. A complaint was not filed, however, until January, 1999, at which time the plaintiff alleged that he suffered psychological harm as a result of a consensual sexual relationship with the defendant in 1967.* 3 After admitting that there had been such a relationship, the defendant moved for summary judgment on statute of limitations grounds. For the reasons set forth by the defendant and on the authority of Phinney v. Morgan, 39 Mass. App. Ct. 202, 205 (1995), the Superior Court judge granted the defendant’s motion. On appeal, the plaintiff argues that, because he lacked any awareness that he had been harmed by the defendant until entering psychotherapy in March, 1996, the statute of limitations had been tolled. He asserts that the suit is timely given its commencement within three years of the discovery of the causal connection between the defendant’s conduct and the resulting psychological and emotional damage.

2. Discussion. General Laws c. 260, § 4C,4 automatically tolls the limitations period on child sexual abuse cases until the victim reaches the age of eighteen years and, at that point, fixes a three-year bar on such claims. By using the phrase, “or within three years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act,” in the statute, the Legislature extended the “discovery rule” to sexual abuse cases [363] such as the one before us.5 G. L. c. 260, § 4C. See Phinney v. Morgan, supra at 205 (Legislature determined discovery rule should extend to claims against perpetrator of abuse). Pursuant to this rule, causes of action do not accrue for limitations purposes until the plaintiff knew or should have known that he has been harmed by the defendant’s conduct. Riley v. Presnell, 409 Mass. 239, 243 (1991) (extending discovery rule to psycho-therapeutic malpractice). Franklin v. Albert, 381 Mass. 611, 617 (1980) (extending discovery rule to medical malpractice).

Where a defendant raises the statute of limitations, we must determine if a material question of fact exists as to whether the plaintiff “had ‘(1) knowledge or sufficient notice that [he] was harmed and (2) knowledge or sufficient notice of what the cause of harm was.’ ” Riley v. Presnell, supra at 244, quoting Bowen v. Eli Lilly & Co., 408 Mass. 204, 208 (1990). On the record before us, we hold that such material questions of fact exist. See Phinney v. Morgan, supra at 209, citing Riley v. Presnell, supra at 240 (“we recognize that ordinarily when a plaintiff knew or should have known of [his] cause of action is a factual issue to be decided by a trier of fact”).

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

Ross v. Garabedian, 742 N.E.2d 1046, 433 Mass. 360, 2001 Mass. LEXIS 69 (Mass. 2001).

742 N.E.2d 1046 (Ross v. Garabedian) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Olin Corp. v. OneBeacon America Insurance Co.
864 F.3d 130 (Second Circuit, 2017)
Hammerberg v. Boy Scouts of America Corp.
33 Mass. L. Rptr. 54 (Massachusetts Superior Court, 2015)
Clark v. Edison
881 F. Supp. 2d 192 (D. Massachusetts, 2012)
Lavina v. King
29 Mass. L. Rptr. 53 (Massachusetts Superior Court, 2011)
John Doe No. 4 v. Levine
928 N.E.2d 951 (Massachusetts Appeals Court, 2010)
Krumholz v. AJA, LLC
691 F. Supp. 2d 252 (D. Massachusetts, 2010)
Pettengill v. Curtis
584 F. Supp. 2d 348 (D. Massachusetts, 2008)
Martin v. Sullivan
23 Mass. L. Rptr. 592 (Massachusetts Superior Court, 2008)
Koe v. Mercer
450 Mass. 97 (Massachusetts Supreme Judicial Court, 2007)
Colosimo v. Roman Catholic Bishop of Salt Lake City
2007 UT 25 (Utah Supreme Court, 2007)
Colosimo v. ROMAN CATH. BISHOP OF SALT LAKE
2007 UT 25 (Utah Supreme Court, 2007)
Koe v. Mercer
855 N.E.2d 1145 (Massachusetts Appeals Court, 2006)
Commonwealth v. DeOliveira
849 N.E.2d 218 (Massachusetts Supreme Judicial Court, 2006)
Zampier v. Hubbard
21 Mass. L. Rptr. 102 (Massachusetts Superior Court, 2006)
Doe v. Harbor Schools, Inc.
446 Mass. 245 (Massachusetts Supreme Judicial Court, 2006)
Martin v. Boston Minuteman Council, Inc.
20 Mass. L. Rptr. 569 (Massachusetts Superior Court, 2006)
Commonwealth v. King
834 N.E.2d 1175 (Massachusetts Supreme Judicial Court, 2005)
Rivera v. UMass Memorial Healthcare
20 Mass. L. Rptr. 57 (Massachusetts Superior Court, 2005)
Guertin v. McAvoy
19 Mass. L. Rptr. 194 (Massachusetts Superior Court, 2005)
Commonwealth v. Montanez
788 N.E.2d 954 (Massachusetts Supreme Judicial Court, 2003)