S.E. v. Shattuck-St. Mary's School

533 N.W.2d 628, 1995 Minn. App. LEXIS 838, 1995 WL 377370
CourtCourt of Appeals of Minnesota
DecidedJune 27, 1995
DocketC3-95-59
StatusPublished
Cited by3 cases

This text of 533 N.W.2d 628 (S.E. v. Shattuck-St. Mary's School) 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
S.E. v. Shattuck-St. Mary's School, 533 N.W.2d 628, 1995 Minn. App. LEXIS 838, 1995 WL 377370 (Mich. Ct. App. 1995).

Opinion

OPINION

RANDALL, Judge.

Appellant S.E. filed a complaint in 1993 seeking damages from respondents Shat-tuck-St. Mary’s School and Michael Pullen for injuries caused by alleged sexual abuse in 1973-74. The district court granted respondents’ summary judgement motion, ruling S.E.’s complaint is time-barred by the applicable statute of limitations contained in Minn.Stat. § 541.073, subd. 2(a) (1992). We affirm.

FACTS

Appellant S.E. was fourteen in 1973 when respondent Michael Pullen is alleged to have sexually abused him. Appellant attended Shattuck-St. Mary’s School for his eighth and ninth grade years.

In 1972, appellant enrolled in Shattuck for his eighth grade year. There was no contact between Pullen and appellant during eighth grade. Appellant returned to Shattuck for the ninth grade in 1973. Pullen was his teacher in ninth grade.

In December 1973, Pullen allegedly asked appellant to follow him to his office. Once there, Pullen allegedly engaged appellant in reciprocal oral sex. Appellant never questioned what was happening. Appellant tried to avoid Pullen thereafter, but when Pullen said for appellant to follow him, appellant followed several different times.

During the second incident, appellant questioned Pullen if what they were doing was all right. Pullen answered that it was “okay” and that two other students were also part of this special group. Appellant did not ask Pullen again if their actions were all right.

During one incident, appellant asked if he might have sex with Pullen’s wife. Pullen *630 said that he would arrange the meeting. A dinner was arranged for the three of them, but no sex occurred because appellant thought Pullen’s wife was unattractive.

Sometime during the 1973-74 school year, Pullen took some nude photographs of appellant on Shattuck’s grounds. Appellant does not know where the photos went. Only one photograph session took place.

Oral sex continued between appellant and Pullen on about a biweekly basis for the rest of the 1973-74 school year. The incidents usually occurred in Pullen’s office, but sometimes occurred elsewhere on school grounds. After each incident, appellant would go to the basement chapel and cry under the pews. At times he would stay there for hours at a time.

After the abuse began, appellant began to skip classes and leave Shattuck grounds. This happened a number of times and each time he was reinstated after some room confinement. Appellant began to experiment with alcohol, and was caught once for being intoxicated. Appellant’s grades dropped to D’s during his ninth grade year.

During the summer of 1974, appellant told his parents he did not want to return to Shattuck. He did not tell them about the abuse. When his parents wanted appellant to return to Shattuck, appellant’s behavior changed. Appellant was argumentative, disrespectful, and he started to use alcohol and marijuana more regularly.

A week before appellant was supposed to go back to Shattuck, appellant ran away from home. Appellant was found by the police and booked into Abbott Northwestern Psychiatric Unit for Children because he refused to go back to his parents. From Abbott Hospital, appellant was transferred to the St. Cloud Children’s Home and then to the Gilfil-lan Residence for Children in Bemidji. Appellant stole $2000 from his probation officer at Gilfillan. Appellant was then transferred to the Red Wing Facility for Adolescents in April of 1975 and spent the next two years there. At each of these places, appellant was seen by a psychologist, counselor, or social worker. Appellant never told anyone about the abuse at Shattuck.

After Red Wing, he completed his high school degree at Burnsville Senior High and completed a cosmetology course to become a hair dresser. Appellant worked at a string of different hairdressing jobs from 1978 until the present. Appellant moved to Arizona in 1990 to work in a salon. In Arizona, appellant saw a psychologist but did not mention anything about the sexual abuse. Appellant operated a salon in 1991-92, but did not make enough money to keep it open.

In October 1992, appellant saw a T.V. news program about victims of sexual abuse by a priest who were sharing their experiences about what the abuse had done to their lives. Appellant states that at that time he realized that many of his problems throughout his life could be traced to and were caused by the abuse at Shattuck.

Appellant testified he never had a close relationship with a woman. Appellant testified he has a fear of commitment and tends to want to hurt and discard any woman who has any real feelings toward him.

After the news program, appellant went to see Dr. Cronin, a clinical psychologist about counseling. Appellant went to see Dr. Cronin on the advice of his attorney. Appellant testified he suffers from depression and has thought of suicide within the past two years.

On July 6 and July 20,1993, appellant served complaints on respondents. S.E. alleged sexual abuse against Pullen and re-spondeat superior liability against Shattuck. 1 The district court granted summary judgment in favor of respondents, concluding that appellant knew or had reason to know the abuse caused his injuries long before August 1987.

*631 ISSUE

Did the district court err in ruling as a matter of law that appellant’s claim is time-barred because he had reason to know prior to August 1987 that his injuries were caused by the alleged sexual abuse?

ANALYSIS

Summary judgment may be granted “when 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 that either party is entitled to a judgment as a matter of law.” Minn.R.Civ.P. 56.08. The reviewing court must determine (1) whether there are any genuine issues of material fact, and (2) whether the district court erred in applying the law. State by Cooper v. French, 460 N.W.2d 2, 4 (Minn.1990). In doing so, we view the evidence in the light most favorable to the party against whom summary judgment was granted, and accept as true the factual testimony produced by the non-movant. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993). The construction of a statute is a question of law that we review de novo. Hibbing Educ. Ass’n v. Public Employment Relations Bd., 369 N.W.2d 527, 529 (Minn.1985).

Under the delayed discovery rule, the statute of limitations begins to run when a claimant knows or has reason to know that an injury was caused by sexual abuse, rather than when the sexual abuse actually occurred. H.D. v. White, 483 N.W.2d 501, 502 (Minn.App.1992). The applicable statute provides:

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Cite This Page — Counsel Stack

Bluebook (online)
533 N.W.2d 628, 1995 Minn. App. LEXIS 838, 1995 WL 377370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/se-v-shattuck-st-marys-school-minnctapp-1995.