Stephanie M. v. Coptic Orthodox Patriarchate Diocese of the Southern United States
362 S.W.3d 656
Tex. App.2011Background
- Stephanie M. alleged Isaac Sullivan sexually assaulted her from 1999 to 2001, when she was 13–15 years old.
- She also alleged the Diocese and its churches negligently permitted the abuse by failing to have proper policies, supervision, and access controls.
- Defendants answered with a general denial; churches asserted a limitations defense.
- In June 2009, they moved for summary judgment arguing the five-year limit for sexual assault claims does not extend to nonperpetrator defendants.
- Stephanie argued the five-year period applies to both perpetrators and other defendants whose negligence allowed the abuse.
- The trial court granted summary judgment; Stephanie nonsuited Sullivan; the appeal ensued challenging the limitations ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 16.0045 extends to nonperpetrator negligence claims | M. contends 16.0045 applies to nonperpetrators. | Diocese/Church contend 16.0045 only applies to perpetrators. | Yes; five-year limit applies to nonperpetrators. |
Key Cases Cited
- Delaney v. University of Houston, 835 S.W.2d 56 (Tex. 1992) (arising-from nexus requirement for tort claims)
- Nixon v. Mr. Property Management Co., 690 S.W.2d 546 (Tex. 1985) (intervening negligent acts do not always bar liability)
- Tex. Youth Comm'n v. Ryan, 889 S.W.2d 340 (Tex.App.-Houston [14th Dist.] 1994) (negligence claims may arise from intentional conduct of another)
- Erie R.R. Co. v. Tompkins, 304 U.S. 64 (U.S. 1938) (predictive Erie guess when state guidance is absent)
- St. Luke's Episcopal Hosp. v. Agbor, 952 S.W.2d 503 (Tex. 1997) (statutory construction standards for obligations)