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D.M.S. v. Barber6/13/2002
within the six-year period of limitation, whichever is later," it ignores this rule in the context of the delayed discovery statute—despite the explicit direction in section 541.073 that it is to be applied in deference to section 541.15. Instead, the majority asserts that a minor is incapable of knowing that he or she was abused at the time the abuse occurs and that the six-year period of limitation provided in section 541.073 does not begin to run until a victim of sexual abuse reaches the age of majority. As noted above, the language of the statute does not support this conclusion, nor does our case law.
In Blackowiak v. Kemp, 546 N.W.2d 1, 3 (Minn. 1996), we held that "as a matter of law one is 'injured' if one is sexually abused" and that an "objective, reasonable person standard" applies to determine when the complainant knew or should have known that he or she was sexually abused. We reiterated this holding in W.J.L. v. Bugge, 573 N.W.2d 677, 681 (Minn. 1998), noting that because sexual abuse and personal injury "are intertwined, the victim is immediately put on notice of the causal connection between the abuse and injury" such that "the statute of limitations begins to run once a victim is abused" absent some disability "which would make a reasonable person incapable of recognizing or understanding that he or she had been sexually abused."
No such disability is even claimed here. D.M.S. does not claim that he lacked competence or was under a disability due to his infancy or repressed memory; he merely asserts that under section 541.073 minor sexual abuse victims categorically have until age 25 to file a claim. In support of this argument he cites to our statement in Bugge, also cited by the majority, implying that a reasonable child is incapable of knowing that he or she has been sexually abused. But this statement was not in the context of the minority tolling statute because the joint application of the two statutes was not before the court; therefore, it is not controlling here.
The result of the interplay of sections 541.073 and 541.15, as the lower courts correctly concluded, is that a minor who has been sexually abused may bring his or her claim until age 19 (age 18 plus one year), or within six years of when the minor "knew or had reason to know that the injury was caused by the sexual abuse," whichever is later. D.M.S. turned 19 on September 10, 1998, and February 22, 1999 marked the expiration of six years from the date D.M.S. clearly demonstrated that he knew or should have known of the sexual abuse and injury—when he complained to his mother about Barber's abuse and was removed from the house. The filing of his claim on June 8, 1999 was therefore untimely and was properly dismissed on summary judgment.
ANDERSON, Russell, J., (dissenting).
I join in the dissent of Justice Stringer.
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