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Moriarty v. Garden Sanctuary Church of God6/26/2000
, 327 S.C. 225, 229, 489 S.E.2d 206, 208 (1997) (when testimony conflicts regarding time of discovery of a cause of action, it becomes an issue for the jury to decide); Johnston v. Bowen, 313 S. C. 61, 64, 437 S.E.2d 45, 47 (1993) (whether a claimant knew or should have known that they had a cause of action is question for the jury); Santee Portland Cement Co. v. Daniel Int'1 Corp, 299 S.C. 269, 274, 384 S.E.2d 693, 696 (1989) (application of discovery rule to a claim is a question of fact for jury), overruled on other grounds by Atlas Food Sys. and Servs., Inc. v. Crane Nat'l Vendors Div. of Unidynamics Corp., 319 S.C. 556, 462 S.E.2d 858 (1995); Brown v. Finger, 240 S.C. 102, 113, 124 S.E.2d 781, 786 (1962) (when testimony is conflicting upon the statute of limitations, it becomes an issue for jury to decide); Maher v. Tietex Corp., 331 S.C. 371, 377, 500 S.E.2d 204, 207 (Ct. App. 1998) (in determining whether statute of limitations begins to run under discovery rule, jury must resolve conflicting evidence as to whether a claimant knew or should have known he had a cause of action).
In this case, following the Church's motion for a judgment as a matter of law based on the statute of limitations, Moriarty must demonstrate the existence of a genuine issue of material fact regarding the application of the discovery rule. She also must present corroborating evidence supporting her claim of alleged abuse. The court must consider the evidence and all inferences that may be drawn from it in the light most favorable to Moriarty, the non moving party. See Rule 56, SCRCP; Manning v. Quinn, 294 S.C. 383, 365 S.E.2d 24 (1988).
If the motion is denied, Moriarty still bears the burden of proving at trial that she repressed memories of the abuse and that corroborating evidence supports her claim. If the jury finds for the plaintiff on those issues, the jury must determine when the plaintiff recalled the abuse, such that a person of common knowledge and experience would be on notice that some right of hers has been invaded or that some claim against another party might exist. It is on that date the statute of limitations begins to run. See Moriarty, 334 S.C. at 169, 511 S.E.2d at 709 (citing Olsen, 865 P.2d at 1349-50). Application of the discovery rule at summary judgment and at trial is an objective determination. Arant, 327 S.C. at 229, 489 S.E.2d at 208; Kreutner v. David, 320 S.C. 283, 285, 465 S.E.2d 88, 90 (1995); Wiggins v. Edwards, 314 S.C. 126, 128-29, 442 S.E.2d 169, 170 (1994).
CONCLUSION
We hold that a plaintiff may bring a cause of action based on repressed memory syndrome to recover damages for sexual abuse she allegedly suffered as a child. A repressed memory plaintiff may assert the discovery rule contained in S.C. Code Ann. ยง 15-3-535 (Supp. 1999). However, the plaintiff must present - both at the summary judgment stage and at trial - objectively verifiable evidence to corroborate a repressed memory claim in order to use the discovery rule. Such corroborating evidence may consist of direct or circumstantial evidence. The plaintiff must use expert testimony to establish the abuse and the fact of the repressed memories. The application of the discovery rule, as well as the existence of corroborating evidence, are questions of fact for the jury to determine when the parties present conflicting evidence.
We express no opinion on the merits of Moriarty's claim or on the validity of repressed memory syndrome as it may apply in her case. We reverse the grant of summary judgment to Church and remand this case for further proceedings consistent with this opinion.
AFFIRMED.
TOAL, C.J., BURNETT, PLEICONES, JJ., and Acting Justice L. H
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