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Dymit v. Independent School District #71712/14/2004
Paul Dymit, the victim of sexual abuse, challenges a summary judgment determination that his claims are time barred. The limitation on actions in Minn. Stat. § 541.073 (2002), requires victims of sexual abuse to bring their claims within six years of the abuse unless they are under a legal disability or are incapacitated. Because more than six years have passed since appellant turned 18, because appellant did not establish that he was disabled or incapacitated, and because there was no fraudulent concealment that tolled the statute of limitations, we affirm.
FACTS
Respondent James Simon, a teacher at Jordan High School, sexually abused appellant Paul Dymit, a student, from 1986 until 1992. The first instance of sexual abuse occurred when Dymit was in eighth grade. The final sexual encounter occurred in the summer of 1992, between Dymit's first and second year of college.
Dymit's life as a young adult was difficult. He dropped out of college because of gambling and financial problems. In 2000, his wife left him (taking their daughter), in part because of his gambling and drinking problems. Ultimately they divorced. In July of 2001, his daughter died in her sleep. Dymit started counseling to deal with the devastation he felt over the loss of his daughter. He tried to change his lifestyle, started a home improvement company, and remarried. However, he again began to gamble and improperly used client funds. In August 2002, Dymit was about to commit suicide and admitted himself to the hospital. Dymit never spoke to anyone about the abuse by Simon until this hospitalization. His admitting physician described Dymit as a "pleasant, cooperative, tearful and reliable historian." During his hospital stay, Dymit was diagnosed with, among other things, possible post-traumatic stress disorder, depression, and alcohol abuse.
After Dymit disclosed his claims of sexual abuse by Simon, Dymit learned that prior to 2002, respondent Independent School District #717 (the Jordan School District), had received two complaints that Simon had engaged in improper sexual behavior. The first incident allegedly occurred in 1989. The principal of Jordan High School spoke to Simon about this allegation. The police investigated and after Simon passed a lie detector test, the matter was dropped. The second incident occurred in 1993, two years after Dymit graduated. Simon was formally reprimanded by the school district for engaging in inappropriate behavior with a student and a letter was placed in his personnel file listing the allegations.
Dymit asserted that while he was in high school he was uncomfortable having contact with Simon and with their sexual encounters, and that he knew the sexual activity was wrong. However, he claims he did not realize that the encounters constituted abuse and that he was not aware he had suffered any injury as a result of the activity.
In February 2003, at the age of 30, Dymit initiated this lawsuit against Simon for injuries from sexual abuse and against respondent, the Jordan School District, under the theories of vicarious liability, negligence, negligent supervision and negligent retention. Simon and the Jordan School District brought motions for summary judgment claiming that Dymit's actions were barred by Minn. Stat. § 541.073 (2002), the six-year statute of limitations applying to sexual abuse claims. The district court ordered summary judgment against Dymit after holding that all of his claims were time barred by section 541.073. Dymit appeals.
DECISION
On appeal Dymit claims that (1) he did not know his injuries were caused by sexual abuse until 2002, when he underwent psychological evaluation
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