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Brett v. Watts3/20/2001
inn. App. 1998) (stating credibility issues are within the province of the factfinder), review denied (Minn. Apr. 30, 1998). Brett has failed to demonstrate that the verdict on damages was manifestly contrary to the evidence.
Brett's attorney contended during oral argument that in a sexual abuse case liability and damages are inextricably linked because caselaw has held that sexual abuse is a personal injury . He argued that the district court's exclusion of evidence that might have established liability had a negative impact on the damages issue such that the damages verdict was distorted. The implication of his argument is that proof of sexual abuse raises a presumption of some damages because the abuse is injury. We disagree that such a presumption arises.
Addressing the question of when the statute of limitations begins to run on a claim of sexual abuse, the supreme court has said that the abuse itself is a personal injury that triggers the statute:
Accordingly, concepts of sexual abuse and injury within the meaning of this statute are essentially one and the same, not separable – as a matter of law one is "injured" if one is sexually abused. Blackowiak v. Kemp, 546 N.W.2d 1, 2 (Minn. 1996).
Relying on Blackowiak, the supreme court later said that, for statute-of-limitations purposes, "sexual abuse is personal injury " and the statute begins to run as soon as the abuse occurs. W.J.L. v. Bugge, 573 N.W.2d 677, 681 (Minn. 1998). However, nowhere has the supreme court intimated that damages are presumed when there has been sexual abuse. And we noted in a prior appeal from summary judgment in Watts' favor in this case that
* * * the civil definition of "personal injury caused by sexual abuse" requires only the same threshold showing of emotional damage as any other tort. Brett v. Watts, 601 N.W.2d 199, 203 (Minn. App. 1999).
Thus, damages, if any, from the "personal injury " that results from sexual abuse must be proved. As evident from the special verdict, Brett failed to prove any damages related to the sexual abuse.
Finally, because the damages issue is dispositive, we do not reach the other errors alleged on appeal.
Affirmed.
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