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D.M.S. v. Barber6/13/2002
In August or September 1992, 13-year-old D.M.S. was placed in the home of Kennedy Barber, a foster parent supervised by the Professional Association of Treatment Homes (PATH). Approximately five months later, on February 22, 1993, D.M.S. was removed from the Barber home after D.M.S. informed a Hennepin County social worker that he felt uncomfortable in the Barber home, that Barber was sleeping with boys in his bedroom, and that Barber had asked D.M.S. if he would sleep with Barber. D.M.S. commenced an action against PATH on June 8, 1999, approximately nine months after his 19th birthday and more than six years after February 22, 1993. D.M.S. alleged that PATH negligently hired, supervised, and retained Barber as a foster parent, and also claimed that PATH was liable for Barber's abuse under the doctrine of respondeat superior. The district court granted PATH's motion for summary judgment on the grounds that the statute of limitations had run on both claims. D.M.S. appealed and the court of appeals affirmed. We granted D.M.S.'s petition for review to decide whether his claims are barred by the statute of limitations, and we now reverse and remand.
D.M.S. was born on September 10, 1979. Hennepin County placed D.M.S. in Kennedy Barber's foster home under the supervision of PATH sometime in August or September 1992. Barber was licensed as a foster-care provider in October 1990 at the recommendation of PATH, a non-profit private agency licensed by the Minnesota Department of Human Services (DHS) to provide foster home placement for children unable to remain in their current living situation. In addition to placing children, PATH is responsible for supervising and evaluating foster-care homes and making recommendations to DHS regarding whether to grant or revoke foster-home licenses.
D.M.S. claims that, shortly after his placement in the Barber home, Barber began to touch him in an inappropriate manner. The touching began with uncomfortably long hugs and then moved on to kissing, fondling, and, eventually, oral sex. In a deposition, D.M.S. reported that he initially felt as though he was in a "daze" and "didn't understand it." Over time, D.M.S. felt "used," "like a piece of meat or something." He further stated that he often had a sick feeling in his stomach and "just felt bad." At some point, D.M.S. told his mother about Barber's conduct. On February 22, 1993, D.M.S. reported Barber's conduct to a Hennepin County social worker and he was removed from the Barber home that day.
On June 8, 1999, D.M.S. served PATH with a summons and complaint alleging that PATH was liable for the injuries caused by the acts of sexual abuse committed by Barber. The complaint alleged that PATH was negligent in its hiring, retention, and supervision of Barber, its failure to investigate and act upon prior allegations of sexual misconduct against Barber, and its placement of D.M.S. in Barber's care. In addition, the complaint alleged that PATH was responsible for Barber's wrongful conduct under the doctrine of respondeat superior.
The district court granted PATH's motion for summary judgment on the grounds that D.M.S.'s negligence-based claims were barred by the six-year statute of limitations set forth in Minn. Stat. § 541.073, subd. 2(a) (2000), and that his respondeat superior claim was barred by the two-year statute of limitations set forth in Minn. Stat. §á541.07(1) (2000). D.M.S. appealed and the court of appeals affirmed.
I.
On review of a summary judgment, we determine whether there are any genuine issues of material fact and whether the district court correctly applied the law. Jefferson v. Comm'r of Revenue, 631 N.W.2d 391, 394-95 (Minn. 2001), cert
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