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FRIDERES v. SCHILTZ11/22/1995
This case is considered pursuant to the Uniform Certification of Questions of Law Act, Iowa Code chapter 684A. The United States District Court for the Northern District of Iowa has certified to us questions of Iowa law which we now address.
I. Factual Background
In December of 1988, Linda Frideres, the plaintiff, told a priest that her brother had sexually abused her when she was a child. In 1990, Linda saw a clinical psychologist at the request of her physician. Linda's physician requested a complete psychological evaluation of Linda. In the course of the evaluation, Linda informed the psychologist that her father had beat her up and made "a couple of sexual advances" toward her and that one of her older brothers had sexually molested her. She also said she did not feel the sexual abuse had affected her as an adult.
At some point prior to beginning the therapy, Linda began to experience suicidal tendencies, compulsive urges to have order, a need for self-injury to relieve stress, depression, fatigue, numerous fears, and marital difficulties. After she began the therapy, she admitted herself to the Golden Valley Health Center in December of 1990. While at Golden Valley, Linda allegedly began having flashbacks of sexual, physical, verbal, and psychological abuse and events in her childhood. [540 NW2d Page 263]
Linda has had some memory of the alleged abusive incidents for her entire life, but claims that only in about 1990 did she begin to tie her psychological problems to the incidents of alleged abuse. In September of 1991, Linda and her husband filed a complaint in the United States District Court for the Northern District of Iowa against Linda's parents and Linda's two brothers.
Linda's eighteen count complaint asserts claims of assault, battery, sexual abuse, and intentional infliction of emotional distress against her father. The complaint raises claims of battery and intentional infliction of emotional distress against her mother. Against both parents, the petition asserts claims of intentional failure to protect, negligent failure to protect, and premises liability. Against one brother, the complaint asserts claims of assault, battery, sexual abuse, and intentional infliction of emotional distress. Finally, Linda's petition charges her other brother with assault, battery, sexual abuse, and intentional infliction of emotional distress. Linda's husband asserts a claim of loss of spousal consortium against all defendants.
The defendants filed two motions for summary judgment in the district court asserting several grounds for judgment as a matter of law in their favor. The plaintiffs resisted all of the defendants' contentions. After oral argument, the district court decided the matter involves issues on which Iowa appellate courts have not ruled. Therefore, pursuant to Iowa Code chapter 684A (1993), the district court has certified nine questions to this court.
The certified questions are as follows:
(1) As a matter of statutory construction and legislative intent, does Iowa Code § 614.8A apply retroactively to a claim that would otherwise be barred by the applicable statute of limitations in existence prior to the enactment of § 614.8A?
(2) If the answer to (1) is "yes," does the retroactive application of Iowa Code § 614.8A violate the Due Process Clauses of the Constitution of the State of Iowa and the Constitution of the United States?
(3) If the answer to (2) is "no," does Iowa Code § 614.8A violate the Equal Protection Clauses of the Constitution of the State of Iowa and the Constitution of the United States?
(4) If the answer to (3) is "no," as a matte
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