W.J.L. v. Bugge

573 N.W.2d 677, 1998 Minn. LEXIS 22, 1998 WL 19494
CourtSupreme Court of Minnesota
DecidedJanuary 22, 1998
DocketC6-96-1619
StatusPublished
Cited by32 cases

This text of 573 N.W.2d 677 (W.J.L. v. Bugge) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
W.J.L. v. Bugge, 573 N.W.2d 677, 1998 Minn. LEXIS 22, 1998 WL 19494 (Mich. 1998).

Opinions

OPINION

PAGE, Justice.

This appeal arises out of a personal injury action brought by W.J.L., a student at Cooper Senior High School (“Cooper”) between 1975 and 1979, alleging that Caryl Bugge (“Bugge”), a teacher at Cooper during the same time period, sexually abused W.J.L. between March 1978 and August 1980.1 Bugge moved the district court for summary judgment, seeking dismissal of all of W.J.L.’s claims. With respect to W.J.L.’s sexual battery claim, Bugge contended that the claim was barred by the statute of limitations set out in Minn.Stat. § 541.073 (1996).2

The district court agreed and granted Bugge’s summary judgment motion on the sexual battery claim.3 In doing so, the dis[679]*679trict court found that a reasonable person in W.J.L.’s position would either know or have reason to know that the alleged sexual contact with Bugge constituted sexual abuse at the time it occurred, or at least no later than the termination of W.J.L.’s and Bugge’s relationship in 1980. W.J.L. appealed, and the court of appeals reversed. The court of appeals concluded that summary judgment was improper because a genuine issue of material fact exists “as to when W.J.L. knew or should have known that she had been abused.” On the facts presented by this record, we conclude that a reasonable person standing in W.J.L.’s shoes would either know or have reason to know more than six years before this lawsuit was commenced that Bugge’s alleged conduct constituted sexual abuse. Therefore, we reverse.

The record indicates that W.J.L. is a 36-year-old woman. As an adolescent, W.J.L. had a troubled home life. Her father was an alcoholic who often abused her and her two brothers; she was also abused by her mother.4 Bugge is a 58-year-old retired teacher who taught at Cooper during the time W.J.L. was a student there. W.J.L. and Bugge met in 1976, when W.J.L. was a sophomore. In her junior year, W.J.L. took a math class from Bugge. Sometime in late 1977 or early 1978, W.J.L. sought out the head guidance counselor at Cooper, Jane Erdmann, who, according to W.J.L., suggested that W.J.L. spend time with Bugge to help W.J.L. deal with her troubled home life. Ultimately, Bugge befriended W.J.L. and regularly took her out to restaurants and, on one occasion, the ballet. In addition, Bugge drove her to tennis practice as well as to tournaments.

W.J.L. alleges that her relationship with Bugge became sexual sometime in March 1978 when, after the two had gone out to dinner one evening, she ended up spending the night at Bugge’s one-bedroom apartment. At the tone, W.J.L. was in her junior year of high school and was 16 years and 11 months old. During the course of the night, Bugge began fondling W.J.L. The fondling eventually escalated to mutual masturbation. W.J.L recalls that, at the time, she was “confused” by this incident. This type of sexual contact between W.J.L. and Bugge continued over the next several months.

Sometime before the start of her senior year, W.J.L. moved in with Bugge in order to escape her troubled home life. W.J.L.’s parents were aware that she had moved in with Bugge and evidently did not object to that living arrangement. While living with Bugge, W.J.L. sometimes slept on the couch and sometimes she and Bugge shared the same bed. Sexual contact between the two continued through W.J.L.’s freshman year in college at the University of Minnesota and only ended when W.J.L. left Minnesota to attend California State University at Nor-thridge on a tennis scholarship in August of 1980. According to W.J.L., Bugge repeatedly told her that W.J.L. was a lesbian and that their relationship was therapeutic. W.J.L. alleges that after the sexual contact with Bugge ended, she did not think about or talk to anyone about Bugge’s conduct until 1992.

At some point in 1992, W.J.L. read a passage in the book Prince of Tides, whieh referenced same sex rape, and “freaked out.” Although W.J.L. does not claim to suffer from a repressed ■ memory, she claims this reaction occurred because she began thinking about having been sexually abused by Bugge. Since September 1992, W.J.L. has sought psychological counseling through psychologist Dr. Maryann Syers and, later, psychologist Dr. Cheryl Lee Arnold. W.J.L. claims that as a result of Bugge’s sexual abuse, she suffers from sexual identity confusion and distrust of people in positions of authority.

This case again raises the question of when an alleged victim of sexual abuse either knew or had reason to know of the sexual abuse for purposes of determining when the statute of limitations begins to run. In Minnesota, causes of action for torts resulting in personal injury are typically subject to a two-year statute of limitations. Minn.Stat. § 541.07 [680]*680(1996). If the plaintiff is under the age of 18 when the cause of action arises, however, the statute of limitations is suspended until one year after the plaintiff reaches the age of majority. Minn.Stat. § 541.15(a)(1) (1996). Notwithstanding Minn.Stat. §§ 541.07 and 541.15(a)(1), the Minnesota legislature enacted Minn.Stat. § 541.073 for personal injury actions based on sexual abuse. This statute provides that personal injury actions based on sexual abuse “must be commenced within six years of the time the plaintiff knew or had reason to know that the injury was caused by the sexual abuse.” Minn.Stat. § 541.073.

The underlying rationale for the limitations period contained in Minn.Stat. § 541.073 is that many sexual abuse victims, especially young children, are psychologically and emotionally unable to recognize that they have been abused. As a result, these victims are often incapable of bringing their claims within the limitations period of Minn.Stat. §§ 541.07 and 541.15(a)(1).5 In enacting Minn.Stat. § 541.073, the legislature sought to address this phenomenon by giving sexual abuse victims additional time to recognize the abuse they suffered while placing a limit on when such claims may be brought. The limitations period found in section 541.073 was not intended to be open-ended.

Generally, the date on which a plaintiff knows or has reason to know that he or she was sexually abused involves a factual determination and is, therefore, a question for the trier of fact. See Wittmer v. Ruegemer, 419 N.W.2d 493, 498 (Minn.1988). However, summary judgment is appropriate 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 either party is entitled to judgment “as a matter of law.” Minn. R. Civ. P. 56.03; Britton v. Koep, 470 N.W.2d 518, 524 (Minn.1991). The burden is on the moving party to show the absence of an issue of material fact, and the reviewing court must view the evidence in the light most favorable to the nonmoving party. Fabio v. Bellomo, 504 N.W.2d 758, 761 (Minn.1993). To forestall summary judgment, the nonmoving party must do more than rely on “unverified or conclusionary allegations” in the pleadings or postulate evidence which might be produced at trial. Lubbers v. Anderson, 539 N.W.2d 398, 401 (Minn.1995) (citation omitted).

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

Related

Doe YZ v. Shattuck-St. Mary's School
214 F. Supp. 3d 763 (D. Minnesota, 2016)
Excel Manufacturing, Inc. v. Todd Wondrow
Court of Appeals of Minnesota, 2016
Doe v. Archdiocese of Saint Paul & Minneapolis
817 N.W.2d 150 (Supreme Court of Minnesota, 2012)
Doe v. Order of St. Benedict
836 F. Supp. 2d 872 (D. Minnesota, 2011)
John Doe 76C v. Archdiocese of St. Paul & Minneapolis
801 N.W.2d 203 (Court of Appeals of Minnesota, 2011)
Sayer v. Minnesota Department of Transportation
790 N.W.2d 151 (Supreme Court of Minnesota, 2010)
Lickteig v. Kolar
782 N.W.2d 810 (Supreme Court of Minnesota, 2010)
D.M.S. v. Barber
645 N.W.2d 383 (Supreme Court of Minnesota, 2002)
D.M.S. v. Barber
627 N.W.2d 369 (Court of Appeals of Minnesota, 2001)
U.S. Bank National Ass'n v. Angeion Corp.
615 N.W.2d 425 (Court of Appeals of Minnesota, 2000)
Brookfield Trade Center, Inc. v. County of Ramsey
609 N.W.2d 868 (Supreme Court of Minnesota, 2000)
Brett v. Watts
601 N.W.2d 199 (Court of Appeals of Minnesota, 1999)
Fahrendorff Ex Rel. Fahrendorff v. North Homes, Inc.
597 N.W.2d 905 (Supreme Court of Minnesota, 1999)
Bertram v. Poole
597 N.W.2d 309 (Court of Appeals of Minnesota, 1999)
Whiteford Ex Rel. Whiteford v. Yamaha Motor Corp.
582 N.W.2d 916 (Supreme Court of Minnesota, 1998)
J.J. v. Luckow
578 N.W.2d 17 (Court of Appeals of Minnesota, 1998)
W.J.L. v. Bugge
573 N.W.2d 677 (Supreme Court of Minnesota, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
573 N.W.2d 677, 1998 Minn. LEXIS 22, 1998 WL 19494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wjl-v-bugge-minn-1998.