Jones v. JonesJones v. Jones
This appeal presents questions of first impression. Plaintiff Susan Jones (Susan), independently and as guardian ad litem on behalf of her minor daughter, Jane Jones (Jane), instituted this action seeking compensatory and punitive damages against her parents, alleging that her father, Robert Jones (Robert), with the connivance of her mother, Sarah Jones (Sarah), sexually abused her over a protracted period of time. Plaintiff claimed that the birth of Jane, who is now 14 years of age, was the product of this incestuous relationship. The Law Division judge granted summary judgment and dismissed plaintiff‘s
At issue is whether the mental trauma suffered by plaintiff as the result of her father‘s alleged sexual misconduct serves to toll the statute of limitations. Closely intertwined with this question is whether the duress allegedly exerted by plaintiff‘s father had the effect of extending the limitations period.
We hold that factual questions were presented with respect to whether the psychological sequelae flowing from the alleged acts of sexual abuse were so severe as to constitute “insanity” under N.J.S.A. 2A:14-21, thereby extending the period of limitations. We also conclude that genuine issues of material fact were raised as to whether defendants’ allegedly coercive acts and threats were such as to deprive plaintiff of her free will and whether such duress was so compelling as to toll the statute of limitations.
I.
Our recital of the facts is derived from the pleadings as well as the certifications and affidavits submitted by plaintiff in opposition to defendants’ motion for summary judgment. Defendants Robert and Sarah are the natural parents of Susan. The infant plaintiff, Jane, was born on June 5, 1976. Susan alleges that Jane was the product of an incestuous relationship forced upon her by her father, Robert. It is undisputed that Jane suffers from a genetic disorder known as homocystinuria, which is characterized by mental deficiencies, visual impairment and musculoskeletal deformities. Susan contends that these handicaps were engendered by Jane‘s incestuous conception.
We need not recount at length the sordid facts relating to Robert‘s alleged sexual misconduct. According to Susan, her father commenced this course when she was approximately 11 years old. Initially, Robert allegedly found various excuses to
According to Susan, she “lived in terror of Robert” throughout the years of abuse. Fearful of continuation of the incestuous relationship, Susan claims that she was even more panicked over the prospect of disclosure. “Racked with guilt and shame and terrified lest anyone learn of her secret,” Susan asserts that she ultimately repressed all awareness of her incestuous relationship with her father.
Susan contends that Robert repeatedly threatened to kill her if she were to disclose his acts of abuse. According to Susan, her father regularly beat her in order to reinforce these threats. On several occasions, Robert allegedly attempted to suffocate her. Susan claims that these acts continued until the early months of 1983. In her certification, Susan alleged that she “still ha[s] nightmares” after which she awakes “sweating and shaking,” thinking that her father “is coming after [her].”
According to Susan, the sexual abuse, which in its later stages is said to have taken the form of forcible rape, continued unabated over the years. In 1983, however, Susan began to receive counselling from Jean Heller, a psychiatric social worker at Riverview Hospital. Heller‘s notes for August 21, 1984 indicate that Susan, for the first time, revealed her father‘s alleged acts of sexual abuse. Susan claims that in September 1984 she “finally broke loose from the prison of mental and physical dependence” and was able to recount the details of her incestuous relationship with her father.
On October 4, 1984 Susan filed a criminal complaint, alleging Robert‘s sexual assaults. As a result, Robert was arrested and the Division of Youth and Family Services (DYFS) removed Jane from defendants’ home where she had apparently resided
On February 15, 1985 Sarah filed a complaint against Susan and DYFS, seeking permanent custody of Jane. During the custody proceedings, the Family Part ordered Susan‘s father to undergo an HLA blood test. The results indicated that Robert‘s “probability of paternity” with respect to Jane was 99.83%. When the biological relationship between the two is taken into account, the “probability of paternity” is said to be 99.79%. On June 11, 1985 the Family Part awarded temporary custody to Susan, permitted limited visitation by Sarah and forbade any visitation by Robert.
On October 11, 1985 Susan, in her own right and as guardian ad litem for her daughter Jane, commenced the present action. Factually, the allegations contained in the complaint are crystal clear. Susan contends that beginning in her childhood, her father embarked upon a course of sexual abuse which continued into her adulthood and culminated in the birth of Jane. In a legal sense, the complaint is inartfully drafted by original counsel. Apparently, Susan seeks compensatory and punitive damages based upon legal theories of battery, intentional infliction of emotional distress, “wrongful birth” with respect to her independent claim, and “wrongful life” as to the cause of action asserted on behalf of Jane. See Procanik by Procanik v. Cillo, 97 N.J. 339, 347-348, 478 A.2d 755 (1984). We need not probe further into the substance of the causes of action alleged since the sole issue presented here pertains to the statute of limitations.1
In order to avoid the consequences of the statute, Susan claimed that Jane‘s action was preserved by her infancy under
In support of her assertion, Susan presented the treatment notes of her psychologist, who was seriously ill and thus unable to provide a personal certification. Susan also submitted the affidavit of Howard Silverman, a psychologist. Although Dr. Silverman had not examined Susan, it was his opinion that individuals subjected to childhood sexual abuse often find it impossible to communicate and describe such misconduct. According to Dr. Silverman, “psychological disability on the part of the victims [is] common.”
The Law Division judge granted defendants’ motion for summary judgment, finding as a matter of law, that Susan was able to file a complaint at least as of the date she left her parents’ home in January 1983. Since two years and nine months had passed from that date, the judge determined that Susan‘s independent causes of action were time-barred. The judge transferred Jane‘s support, paternity and tort claims to the Family Part. He ordered that the guardian ad litem he had appointed previously continue to represent her interests. This appeal followed.2
II.
We are convinced that the issues raised by Susan‘s allegations of mental impairment and duress should not have been resolved in summary fashion. Instead, a plenary hearing should have been conducted.
We reach this conclusion notwithstanding our recognition of the salutary purposes served by a statute of limitations.
We emphasize, however, that the effect of a statute of limitations is to deny access to our courts. Unswerving, mechanistic application of statutes of limitations would at times “inflict obvious and unnecessary harm upon individual plaintiffs” without materially advancing the objectives they are designed to serve. Id. The legislative and judicial response to such inequities has been to provide certain statutory exceptions and fashion equitable remedies to avoid the injustice which would result from a literal reading of the general statutory language. Id. at 192-193, 412 A.2d 122. We are concerned here with two such exemptions, one statutorily created, insanity, and the other judicially devised, duress.
We first consider plaintiff‘s claim that the limitations period was tolled by reason of her insanity. The operative statute,
Despite its ancient lineage, the statute has been cited in relatively few published opinions. In Kyle v. Green Acres at Verona, Inc., our Supreme Court, after tracing the statute‘s historical antecedents, held that
In Sobin v. M. Frisch & Sons, 108 N.J. Super. 99, 260 A.2d 228 (App.Div. 1969), certif. den. 55 N.J. 448, 262 A.2d 702 (1970), we addressed the question whether the plaintiff‘s extended period of unconsciousness and semi-consciousness allegedly resulting from the defendant‘s negligent act was encompassed by the word “insane” as used in
Against this backdrop, we are satisfied that mental trauma resulting from a pattern of incestuous sexual abuse may constitute insanity under
Of course, we offer no opinion with respect to the truth of Susan‘s allegations. We stress, however, that resolution of the question presented depends critically upon a determination of plaintiff‘s state of mind. In that context, we have repeatedly held that issues hinging upon a party‘s mental state are not appropriate for resolution by way of summary judgment. See Bryen v. Krassner, 208 N.J. Super. 639, 642, 506 A.2d 803 (App.Div. 1986), certif. den. 105 N.J. 583, 523 A.2d 210 (1986); Exxon Corporation v. Wagner, 154 N.J. Super. 538, 540-541, 382 A.2d 45 (App.Div. 1977); Allen v. Planning Bd. Tp. of Evesham, 137 N.J. Super. 359, 364, 349 A.2d 99 (App.Div. 1975). This principle is particularly applicable in light of the lack of
B. Duress
We are equally satisfied that Susan‘s allegations of duress raised genuine questions of material fact not amenable to summary disposition. Unlike insanity, we have found no statutory provision tolling the limitations period in cases of duress. So too, our research discloses no reported New Jersey opinion dealing with this issue.
However, we in New Jersey have a “long history of instances where equity has interposed to bar the statute of limitations ... where some conduct on the part of the defendant ... has rendered it inequitable that he be allowed to avail himself of the defense.” Lopez v. Swyer, 62 N.J. 267, 275 n. 2, 300 A.2d 563 (1973). This principle is bottomed on equitable considerations and, hence, the exact contours of the doctrine defy rigid definition. Suffice it to say, the rule has been applied in a variety of factual and legal settings. See, e.g., Griggs v. Bertram, 88 N.J. 347, 355-364, 443 A.2d 163 (1982); Warren v. The Employers’ Fire Ins. Co., 53 N.J. 308, 311-312, 250 A.2d 578 (1969); Kyle v. Green Acres at Verona, Inc., 44 N.J. at 111, 207 A.2d 513; Merchants Indemnity Corp. v. Eggleston, 37 N.J. 114, 127-129, 179 A.2d 505 (1962); Friedman v. Friendly Ice Cream Co., 133 N.J. Super. 333, 337-338, 336 A.2d 493 (App.Div. 1975); Fredericks v. Farmers Rel. Ins. Co. of N.J., 80 N.J. Super. 599, 602, 194 A.2d 497 (App.Div. 1963); White v. Austin, 172 N.J. Super. 451, 455, 412 A.2d 829 (Cty.D.Ct. 1980); Tell v. Cambridge Mut. Fire Ins. Co., 150 N.J. Super. 246, 253-254, 375 A.2d 315 (Cty.D.Ct. 1977). See also Tevis v. Tevis, 79 N.J. at 438-439, 400 A.2d 1189 (Pashman, J., dissenting); Howard v. West Jersey, etc., R.R. Co., 102 N.J. Eq. 517, 520, 141 A. 755 (Ch. 1928), aff‘d o.b. 104 N.J. Eq. 201, 144 A. 919 (E & A 1929). But see Lawrence v. Bauer Publishing & Printing Ltd., 78 N.J. 371, 376-377, 396 A.2d 569 (1979) (Pashman, J., concurring). Cf. Galligan v. Westfield Centre Service, Inc., 82 N.J. at 191-193, 412 A.2d 122; Kaczmarek v. New Jersey Turnpike Auth., 77 N.J. 329, 337-338, 390 A.2d 597 (1978); White v. Violent Crimes Compensation Board, 76 N.J. 368, 387, 388 A.2d 206 (1978); Fernandi v. Strully, 35 N.J. 434, 439-451, 173 A.2d 277 (1961).
We do not suggest that the decisions we have cited should be applied uncritically whenever a plaintiff claims that his or her failure to initiate suit in a timely fashion was caused by a defendant‘s wrongful act. We are, nevertheless, of the view that, within certain limits, a prospective defendant‘s coercive acts and threats may rise to such a level of duress as to deprive the plaintiff of his freedom of will and thereby toll the statute of limitations.
As we have pointed out, the question presented here has not been the subject of any reported New Jersey opinion. Decisions in other jurisdictions have generally accepted the theory that duress tolls the statute of limitations, at least, when, as here, it is either an element of or inherent in the underlying cause of action. See, e.g., Cullen v. Margiotta, 811 F.2d 698, 722 (2nd Cir.1987); Pahlavi v. Palandjian, 809 F.2d 938, 942-943 (1st Cir.1987); Ross v. United States, 574 F. Supp. 536, 542 (S.D.N.Y. 1983); Clary v. Stack Steel and Supply Co., 611 P.2d 80, 83 (Ala. 1980); Day v. General Elec. Credit Corp., 15 Conn. App. 677, 685-86, 546 A.2d 315, 319 (Conn. App.Ct. 1988), certif. den. 209 Conn. 819, 551 A.2d 755 (1988); Babco Industries, Inc., et al. v. New England Mer. Nat. Bank, 6 Mass. App. 929, 380 N.E.2d 1327, 1328 (Mass. App. Ct. 1978); Baratta v. Kozlowski, 94 A.D.2d 454, 458-459, 464 N.Y.S.2d 803, 806 (2d Dep‘t 1983); Pacchiana v. Pacchiana, 94 A.D.2d 721, 723, 462 N.Y.S.2d 256, 257 (2d Dep‘t 1983); Haggard v. Studie, 610 P.2d 1228, 1231 (Okl.App.Ct. 1980); Whatley v. National Bank of Commerce, 555 S.W.2d 500, 505 (Tex.Civ.App.Ct. 1977). While we have found no cases discussing the point, we add the requirement that both a subjective and an objective standard
Applying these principles, we are convinced that plaintiff‘s submissions raised unresolved factual issues which can be decided only by way of a plenary hearing. Because of the nature of plaintiff‘s allegations, we repeat that our function on appeal from a summary judgment is not to resolve factual disputes. To reverse and remand, it is sufficient to conclude from the record, as we do, that genuine issues of material fact exist.
Accordingly, the order granting defendant‘s motion for summary judgment is reversed and the matter is remanded for further proceedings consistent with this opinion.3