433 Mass. 360 | Mass. | 2001
Lead Opinion
This is an appeal from the allowance of a motion for summary judgment in favor of the defendant in an action arising out of a homosexual relationship between an adult and a teenager more than thirty years ago. After reviewing affidavits from the plaintiff, his therapist, and a psychiatrist, a Superior Court judge ruled that the statute of limitations barred the plaintiff’s suit. We transferred the case to this court on our own motion. On appeal, we consider whether G. L. c. 260, .§ 4C, delays the accrual of a cause of action of a victim of sexual abuse where the plaintiff knew the activity occurred, but failed to make the “causal connection” between the defendant’s misconduct and the resulting harm. Because triable issues of fact exist regarding when the plaintiff was aware of the “causal connection” between the defendant’s conduct and the resulting harm to the plaintiff, we vacate the grant of summary judgment and remand for further proceedings consistent with this opinion.
At some point during the first six months of his treatment with Gruener, the plaintiff contemplated litigation against the defendant. A complaint was not filed, however, until January, 1999, at which time the plaintiff alleged that he suffered psychological harm as a result of a consensual sexual relationship with the defendant in 1967.*
2. Discussion. General Laws c. 260, § 4C,
Where a defendant raises the statute of limitations, we must determine if a material question of fact exists as to whether the plaintiff “had ‘(1) knowledge or sufficient notice that [he] was harmed and (2) knowledge or sufficient notice of what the cause of harm was.’ ” Riley v. Presnell, supra at 244, quoting Bowen v. Eli Lilly & Co., 408 Mass. 204, 208 (1990). On the record before us, we hold that such material questions of fact exist. See Phinney v. Morgan, supra at 209, citing Riley v. Presnell, supra at 240 (“we recognize that ordinarily when a plaintiff knew or should have known of [his] cause of action is a factual issue to be decided by a trier of fact”).
Regarding the first element, it is undisputed that the plaintiff was, at all times, aware that he engaged in an improper relationship that produced feelings of shame. Regarding the second element, a survey of factually similar trial court rulings indicates a reluctance to grant summary judgment where it is unclear whether, and to what extent, a plaintiff perceived a “causal connection” between a defendant’s misconduct and the plaintiff’s alleged psychological harm.
In granting summary judgment, the judge adopted the defendant’s argument that Phinney v. Morgan, supra at 205, is dispositive. The defendant contends that “whether a plaintiff should have known that he had been injured by long ago abusive conduct in order to toll the applicable statute of limitations” is determined solely by applying the Phinney factors, namely: (1) an unawareness that the defendant committed a wrongful act at the time of its commission; (2) the plaintiff’s trust in the defendant; (3) the defendant’s control over the facts giving rise to the plaintiff’s cause of action; and (4) the necessity of a triggering event that makes the plaintiff aware of the defendant’s potential liability.
We also reject the argument that the plaintiff’s contemporaneous knowledge that the contested behavior was “wrong” and “shameful” constituted sufficient “harm” to trigger the statute of limitations. For the statute of limitations to be triggered, the plaintiff must suffer some “appreciable harm,” Swasey v. Barron, 46 Mass. App. Ct. 127, 129 (1999) (legal malpractice), but need not know the full extent of his alleged injuries. Bowen v. Eli Lilly & Co., 408 Mass. 204, 207 (1990). For example, in Armstrong v. Lamy, supra at 1040, the defendant argued that, where the plaintiff felt “uncomfortable,” “scared,” and “nervous” at the time of the sexual contact, had insomnia during the time period of the sexual contact, and felt pain from his arm’s being gripped, such “constitute[d] enough injury, as a matter of law, to put [the plaintiff] on notice, at the time of the sexual contact, that he had been injured and by whom.” In denying the individual defendant’s motion for summary judgment, the judge stated “any evidence that [the plaintiff] was ‘uncomfortable’ or refused to participate in some aspect of the sexual contact, is not enough to support a decision, as a matter of law, that he suffered an ‘injury,’ or to determine that beyond genuine dispute [the plaintiff] knew or should have known he had been harmed.” Id. Rather, in the context of the parties’ relationship (i.e., teacher-student), “a finder of fact could reasonably find that the[] fleeting moments of physical pain were not perceived by [the plaintiff] at the time as ‘injury.’ ” Id. Furthermore, in cases where summary judgment has been granted, the alleged injuries were more extensive and tangible
Here, that the plaintiff knew his conduct was shameful and wrong does not “provide [him] with the modicum of knowledge required to trigger the statute of limitation[s].” Phinney v. Morgan, supra at 209. A rational finder of fact could find that the plaintiff, a teenager at the time, felt shame or a sense of wrong because his conduct was contrary to accepted church or family morals, but he was not aware that he had suffered any appreciable or legally recognizable “harm.” See Armstrong v. Lamy, supra at 1040; Gagne vs. O’Donoghue, Worcester Superior Court, No. Civ. A. 941158 (June 26, 1996) (although alleged acts caused plaintiff to feel sick and embarrassed, whether plaintiff recognized that harm and conduct were “causally related” constitutes genuine issue of material fact).
Next, it is not sufficient to claim that the plaintiff should have linked the emotional difficulties in his life with the defendant’s misconduct decades ago. The record suggests that there are other incidents from the plaintiff’s childhood (e.g., “explosions” and “raging” between the plaintiff’s parents due to his father’s alcoholism; drug and alcohol use during his early adolescence) that he might reasonably have identified as the source of his problems. These reasons, together with the plaintiff’s psychological coping mechanisms prevent us from concluding that, as a matter of law, the plaintiff knew or should have known that he suffered harm caused by the defendant to trigger the statute of limitations. Riley v. Presnell, supra at 245, quoting Bowen v. Eli Lilly & Co., supra at 208 (court considers “reasonable person in the position of the plaintiff” (emphasis omitted).
For the reasons stated above, we vacate the entry of summary judgment. The case is remanded to the Superior Court for further findings regarding the content of the plaintiff’s 1978 therapy sessions.
So ordered.
Given the plaintiff’s inability to recall the name of the therapist who treated him, discovery regarding the content of these sessions has not yet been undertaken. In his affidavit, the plaintiff states that, during these sessions, “[t]he subject of my sexual experiences with [the defendant] never came up at all. I never brought it up and I was never asked about it.” For the reasons discussed below, further discovery into this matter is warranted.
The record suggests that the plaintiff’s memory of the events at issue has remained constant and unimpaired for over three decades and, thus, this case does not involve any issue concerning repressed memory. Contrast Shahzade v. Gregory, 930 F. Supp. 673 (D. Mass. 1996).
The plaintiff’s amended complaint contains the following causes of action: sexual assault and battery, intentional and reckless infliction of severe emotional distress, aiding and abetting others to abuse the plaintiff sexually, aiding and abetting others to inflict serious emotional distress on the plaintiff.
General Laws c. 260, § 4, inserted by St. 1993, c. 307, provides in relevant part: “Actions for assault and battery alleging the defendant sexually abused a minor shall be commenced within three years of the acts alleged to have caused an injury or condition or within three years of the time the victim discovered or reasonably should have discovered that an emotional or psychological injury or condition was caused by said act, whichever period expires later; provided, however, that the time limit for commencement of an action under this section is tolled for a child until the child reaches eighteen years of age.”
While the statute was not in effect at the time of the harmful conduct, the parties do not contest its application to the case at bar.
No legislative history exists to facilitate our understanding of the statutory language.
Compare Gagne vs. O’Donoghue, Worcester Superior Court, Civ. A. No. 941158 (June 26, 1996) (no summary judgment where, through counselling, “beginning of a certain linkage” emerged between current emotional difficulties and sexual abuse thirteen years earlier); Boudrot vs. Russo, Middlesex Superior Court, No. Civ. A. 950776 (Mar. 5, 1996) (no dismissal where case filed within three years of plaintiff’s realizing abuse caused emotional problems); Legaski vs. Melanson, Middlesex Superior Court, No. Civ. A. 940592 (Oct. 5, 1994) (no dismissal where case brought within three years of therapy that enabled plaintiff to make “causal connection” between defendant’s conduct and resulting injuries), with Howard vs. Colety, Essex Superior Court, No. Civ. A. 952910B (Aug. 29, 1996) (plaintiff’s failure to “make the connection between the incidents of abuse, and the resulting harm she suffered” not relevant to decision granting summary judgment).
For cases applying the Phinney factors, see, e.g., Doe vs. Commonwealth, Essex Superior Court, No. Civ. A. 970166A (July 20, 2000); Nault vs. New England Annual Conference of the United Methodist Church, Suifolk Superior Court, No. Civ. A. 9503457 (June 14, 1996).
As for the plaintiff’s remaining counts, we similarly apply the discovery rule, as embodied in G. L. c. 260, § 4C. See Eilert vs. Carey, Worcester Superior Court, No. Civ. A. 951227A (June 2, 1998), citing Riley v. Presnell, 409 Mass. 239, 243 (1991). Where, as here, (1) the causes of action arise from the same alleged sexual abuse and (2) similar issues of material fact exist regarding when the plaintiff made the “causal connection” necessary to trigger the emotional distress statute of limitations, the remaining counts
Dissenting Opinion
(dissenting). Pursuant to G. L. c. 260, § 4C, the plaintiff’s action to recover for damages resulting from sexual abuse had to be brought within three years of the time he discovered “or reasonably should have discovered that an emotional or psychological injury or condition was caused by” the sexual abuse. Thus, where the plaintiff’s complaint was not filed until January, 1999, the relevant inquiry is whether he knew or should have discovered, at any time prior to January, 1996, that any of his emotional and psychological problems were causally related to the sexual abuse perpetrated by the defendant. I agree with the majority that the plaintiff has raised a triable issue as to his lack of actual knowledge that such a causal connection existed until he learned of that causal connection in the course of recent psychotherapy. However, as to whether the plaintiff “reasonably should have discovered” such a causal connection at some earlier date, there is no triable issue and the defendant was therefore entitled to summary judgment.
By 1978, when the plaintiff was twenty-three years old, he also knew that he had emotional and psychological problems. At the insistence of his then girl friend (who threatened to terminate the relationship unless he sought help), the plaintiff had three or four sessions with a therapist. The plaintiff recalls having difficulties with relationships, describing himself as jealous, controlling, and insecure. Since his marriage in 1981, the plaintiff has engaged in numerous extramarital affairs, including several such affairs in the early 1990’s. His promiscuity notwithstanding, he also experienced sexual problems, including difficulty achieving orgasm. Starting in 1993 and continuing for the next five years, he experienced significant sleep disturbance (consisting of an inability to sleep for longer than one-half hour without waking up). Thus, for many years prior to the filing of this lawsuit, the plaintiff knew that he suffered an assortment of troubling psychological symptoms.
The only issue remaining is whether the plaintiff should have realized that there was a causal connection between the two to three years of weekly sexual abuse he suffered as a young teenager and the psychological (including sexual) problems that have plagued his adult life. While appreciating that a history of sexual abuse and its attendant consequences are painful for a victim to realize, and thus that it would be very difficult for a victim to figure out on his own that the abuse had caused subsequent psychological problems, this court can take judicial notice of the widespread publicity on these very issues, publicity that has been prevalent to the point of overwhelming for at least the last fifteen years.
By the mid-1980’s, the subject of child sexual abuse and its devastating consequences was covered extensively (by both cover stories and in-depth special reports) in national magazines
In applying the “reasonably should have known” standard at issue in the discovery rule, “[reasonable notice that ... a particular act of another person may have been a cause of harm to a plaintiff creates a duty of inquiry and starts the running of the statute of limitations.” Bowen v. Eli Lilly & Co., 408 Mass. 204, 210 (1990). Where, as in the Bowen case, newspaper and magazine articles should have alerted the plaintiff to a causal connection between the earlier conduct and the later harm, the fact that the plaintiff did not yet believe there was such a causal connection is not controlling “because we test the accrual of
However, the standard does not allow a plaintiff to ignore more than a decade’s barrage of publicity from all branches of the media that repeatedly announced, in exhaustive and compelling detail, the fact that children who have been subjected to sexual acts at the hands of adults usually suffer adverse psychological consequences later in life. Throughout all this publicity, the plaintiff was aware that his childhood and adolescent experience, like that of the many victims described in the print and broadcast media, had included extensive and repeated sexual contact with a much older man and that he was, as an adult, then suffering a variety of psychological, emotional, and sexual problems. Whatever in the plaintiff’s constellation of psychological ailments prevented him from recognizing the causal connection between these two parts of his personal history on his own, the fact of such a causal connection was provided to him by way of print and broadcast media that had, since the early 1980’s, widely publicized the tragic emotional injuries that resulted from adults engaging children in sexual activity.
Indeed, the record is clear that the plaintiff himself, without benefit of any therapy addressing the subject of his prior abuse, had absorbed this common knowledge. During his very first visit to a therapist on March 25, 1996, he volunteered the information that he had had sexual encounters as a young teenager, apparently already recognizing on his own that that aspect of his personal history would likely be of significance to his therapist. The plaintiff’s complaint was filed on January 21, 1999, making January 21, 1996, the relevant date for statute of limitations analysis. This initial therapy session occurred just two months after that critical date. This record contains no evidence to support the conclusion that anything occurred during the two months following January 21, 1996, that would have added to the plaintiff’s understanding of the possible causal relationship between his history of abuse and his ongoing psychological problems. The plaintiff’s evident awareness of that possible connection as of March 25, 1996, means that, his coping mechanisms