 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
WOODROFFE v. HASENCLEVER11/22/1995
rideres v. Schiltz, 540 N.W.2d 261, 264 (Iowa 1995), in which we interpreted this statute to be not retroactive to revive claims barred by a statute of limitations in existence prior to July 1, 1990, the effective date of section 614.8A. [540 NW2d Page 47]
III. Discovery Rule
The trial court next determined whether the common law discovery rule applies to Woodroffe's case. Under that rule the applicable period of limitations does not begin to run "until the plaintiff discovered that he had suffered injury or by the exercise of reasonable diligence should have discovered it." Chrischilles v. Griswold, 260 Iowa 453, 461-62, 150 N.W.2d 94, 99-100 (1967). In Callahan v. State, 464 N.W.2d 268, 272 (Iowa 1990), we phrased the rule that a claim does not accrue until the plaintiff knows or in the exercise of reasonable care should have known both the fact of the injury and its cause. We also held in Frideres that the statutory discovery rule of section 614.8A applied to claims filed after July 1, 1990 and the common law rule of discovery applied to claims filed before July 1, 1990, provided the claim had not been previously barred by an applicable statute of limitations. Frideres, 540 N.W.2d at 264.
The trial court considered the common law discovery rule but found it to be of no aid to Woodroffe's lawsuit. The court found that Dr. Hall's notes and deposition make it inescapable that as early as March 20, 1985 Woodroffe sought professional help for specific psychological symptoms and related to him specific recollections of "child sexual abuse by her uncle." Dr. Hall's note for March 20, 1985, goes on to state that the plaintiff
has suppressed most of her reactions until seeing a T.V. program several months ago on child sexual abuse. Cries when talking about it and is frustrated with herself for having such a strong emotional reaction. Realizes that she has to face some of these painful experiences if she is going to get over her feelings towards her brother and her uncle. Has had abusive and self-destructive relationships with men over a period of many years.
The trial court concluded that this information could only have come from the plaintiff because this was her first appointment and any entries had to be entirely based upon statements made by the plaintiff. The court found that reasonable minds could not differ that plaintiff remembered the abuse and was aware enough of its effect to seek professional help from a psychologist and cite it as a cause. The court then determined that the requisite "causal relationship" under section 614.8A existed and the limitations period began to run.
We too conclude from these statements that both the sexual abuse and its relationship to her psychological problems were known to Woodroffe at the time of her consultation with Dr. Hall. The two-year period of limitations for bringing an action founded on injuries to the person, as set by Iowa Code section 614.1(2), thus barred Woodroffe's claim on March 20, 1987. In Frideres, we held that Iowa Code section 614.8A is not retroactive to revive barred claims.
IV. Extent of Discovery Rule Application
Woodroffe discounts the importance of her 1985 interview with Dr. Hall, arguing that she was then only vaguely aware of the sexual abuse. On October 1, 1989, she says she recalled a separate incident when she claims the defendant forced her to have oral sex. Woodroffe states that she first recalled and discovered, on or about March 16, 1990, one of the rape incidents perpetrated on her by defendant. She further cites in her affidavit of resistance to defendant's summary judgment motion, examples, including dates, when her memory surfaced of t
Page 1 2 3 4 5 Iowa Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|