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Watson v. Roman Catholic Church of the Diocese of Phoenix2/13/2003
AFFIRMED
Sean Watson appeals from the judgment of the Maricopa County Superior Court finding that his claim against appellees was barred by the statute of limitations. Because we find no trial court error, we affirm.
FACTS AND RELEVANT PROCEEDINGS
Watson filed suit against appellees alleging they were liable for damages he suffered as a result of being sexually molested as a twelve-year-old boy by appellee George Bredemann. Bredemann was then a Catholic priest acting within the Phoenix Diocese of the Roman Catholic Church, also an appellee. Bredemann is presently in the custody of the Arizona Department of Corrections for charges unrelated to his conduct with Watson. Appellees Thomas O'Brien and John McMahon were, respectively, Bishop and Monsignor within the Phoenix Diocese. McMahon served as senior pastor of St. Theresa's Parish where Bredemann was assigned.
For purposes of the proceeding from which this appeal is taken, it was uncontested that the molestation did occur as described by Watson. After hearing the evidence, the trial judge was convinced, "unequivocally," that Bredemann did molest or attempt to molest Watson.
At the time of filing suit, September 26, 1997, Watson was twenty-five years old. Because the molestation occurred during his minority, the two-year statute of limitations on Watson's claim began to run when Watson turned eighteen years old and expired on his twentieth birthday. Watson contended he had suffered involuntary repression of his memory of the molestation and that he had filed his case within two years of the time he spontaneously recovered the memory.
By stipulation, the issue of whether the statute of limitations barred Watson's claim was bifurcated and presented at a bench trial. The trial court entered its findings and ruled that the statute of limitations had not been tolled and ordered the case dismissed with prejudice as time barred. Judgment in favor of appellees was entered April 12, 2001. Watson's motions for new trial were denied by order entered August 17, 2001, and this timely appeal followed. We have jurisdiction pursuant to Arizona Revised Statutes ("A.R.S.") section 12-2101(B), (F)(1) (1994).
BACKGROUND
Bredemann served in St. Theresa's Parish and was in charge of activities involving young people, among whom was Watson. Watson described Bredemann, a Catholic priest, as a "fun" influence, if not necessarily a good one. At the meetings, Watson sometimes had a chance to stand around and talk to "Father George," where he discussed Bredemann's relationship with and ability to talk to God. Watson testified that Bredemann would have been "cool" to any kid.
When Watson was twelve years old, Bredemann invited him to visit a place in the desert near Wickenburg, Arizona, that Bredemann owned and where he took children on unsupervised trips. This property was known as "the Castle," a witticism referring to its lack of structures or amenities. Bredemann took youngsters there ostensibly to help him improve the property so that handicapped children could use it for recreation. Watson's parents were happy to have him accompany Bredemann to the Castle, especially because their daughter would benefit from the improvements. Watson recalls visiting the Castle with Bredemann on three or four occasions in the spring and summer of 1984, together with at least one other boy in each instance. Watson also remembers that he and Bredemann talked once about sexuality, something to do with masturbation. Watson did not claim to have repressed this conversation.
Bredemann liked to walk around in the nude at the Castle and go skinny dippi
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