292 P.3d 21
Okla.2012Background
- Plaintiff Samantha Million sued her male cousin for sexual abuse of a minor occurring 1980–1983.
- Plaintiff alleged PTSD diagnosed in 2005 and claimed discovery of the cause in 2006, filing within two years of remembrance.
- Defendant contended the statute of limitations had expired before suit was filed.
- Trial court found Plaintiff could have acted earlier and memory not repressed; statute deemed run.
- Plaintiff died during the appeal; Kenneth M. Million appointed as personal representative and substituted as appellant in 2012.
- The court held the limitations period ran in 1989, one year after Plaintiff reached majority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the statute of limitations bar the action? | Plaintiff argues discovery and tolling extend filing. | Defendant argues limitations expired long before filing. | Yes; the action was barred by the statute of limitations. |
Key Cases Cited
- Harper-Turner Oil Co. v. Bridge, 311 P.2d 947 (OK 1957) (burden on defendant to plead and prove statute)
- Woods v. Prestwick House, Inc., 247 P.3d 1183 (OK 2011) (discovery/limitations factual question for finder of fact)
- Hagen v. Independent School District No. I-004, 157 P.3d 738 (OK 2007) (non-jury trial standard of review; findings reviewed for support)