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By stan_sipple

Mental incapacity that tolls the limitation period for tort actions (Section 516.170 RRS Mo) does not apply to child sexual abuse actions filed under Section 537.046.

Graham, Appellant v. Father Michael McGrath, Roman Catholic Archdiocese of St. Louis, an unincorporated association, and Archbishop Justin Rigali, of the Archdiocese of St. Louis, MO., Respondents.: ED89168
Plaintiff sued Catholic ministers and churches for injuries he claimed arose from sexual abuse by a priest. The trial court dismissed all claims except the child sexual abuse 537.046 claims. On reconsideration following the Missouri Supreme Court decision Powel v. Chaminade College Preparatory, Inc., 197 S.W.3d 576 (Mo. banc 2006) {date of injury is objective test, when a reasonable person would ascertain the injury} the trial court dismissed all counts. Plaintiff appealed. Missouri Court of Appeals Eastern District holds that even if the plaintiff was mentally incapacitated, the provisions of Section 516.170 do not apply to Plaintiff's action for child sexual abuse because that cause of action is governed by Section 537.046, a special statute of limitations that is not specified in sections 516.100 through 516.370. 537.046 requires the victim of child sexual abuse to sue within ten years of the plaintiff attaining the age of twenty-one or within three years of the date the plaintiff discovers, or reasonably should have discovered, that the injury or illness was caused by childhood sexual abuse, whichever later occurs

Full post as published by Showmeblawgs on December 14, 2007 (boomark / email).