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WOODROFFE v. HASENCLEVER11/22/1995
he specifics of her uncle's sexual abuse. These dates are March 20, 1985; November 14, 1988; August 17, 1989; August 31, 1989; October 1, 1989; November 29, 1989; June 20, 1990; July 2, 1990; and February 26, 1991.
Woodroffe further states
I became able to relate some of the causal relationships between a specific psychological problem and the childhood sexual abuse by my uncle on the following dates: December 28, 1989; February 14, 1990; March 19, 1990; May 14, 1990; March 5, 1991; July 15, 1991; July 22, 1991; August 8, 1991; August 12, 1991; September 5, 1991; October 17, 1991; January 20, 1992; February 6, 1992; March 5, 1992; March 9, 1992; March 19, 1992; April 20, 1992; June 6, 1992; June 8, 1992; July 9, 1992. [540 NW2d Page 48]
All of these dates are within four years of November 13, 1992, the date Woodroffe commenced this action. Plaintiff thus argues that none of her newly discovered sexual abuse claims are barred by any statute of limitations, because she filed her action after July 1, 1990, when section 614.8A went into effect and within four years of discovery.
Defendant Hasenclever characterizes this continuation of newly remembered abuses as arguing in favor of a "rolling statute of limitations." The trial court thought to adopt plaintiffs argument would create a "moving window" of limitations. The trial court noted that each time a plaintiff recalls something new, the "clock" would be reset and the plaintiff would have additional time to bring another lawsuit. Thus, each newly remembered incident of an alleged sexual abuse would constitute another offense remembered subject to a separate calculation to determine if a statute of limitation had barred it as a civil claim for damages. The running of the statute of limitations would depend neither on when the offense occurred, as in most tort cases, nor on when the plaintiff knew or in the exercise of reasonable care should have known both the fact of the injury and its cause, as in our discovery rule cases. See Callahan, 464 N.W.2d at 272. The statute of limitations would run on even newly remembered incidents of sexual abuse, such as plaintiff's, from when a plaintiff discovers the injuries for which she claims damages.
Plaintiff Woodroffe states that when she met with Dr. Hall in 1985, she had not yet recalled all of the incidents of abuse. She asserts that the worst incidents were not recalled until very recently and that she continues to recall new incidents. She argues the limitations period should not begin to run until she has recalled all of the abuse or, at the very least, that she should be permitted to bring an action based on incidents that have only recently been recalled within the limitations period.
The trial court rejected this argument in its entirety projecting that to adopt such a theory would render statutes of limitations meaningless. The court reasoned that when a plaintiff recalls an incident of sexual abuse and recognizes a causal relationship between the abuse and the injuries suffered, she is then on notice to make reasonable inquiry of other abuses or injuries.
Plaintiff further argued before the trial court that by requiring her to file suit upon her earliest recollection, she will be deprived of full and adequate compensation for her injuries due to the fact that the extent of her injuries will not yet be known. The trial court answered that in many personal injury cases the statute of limitations period begins to run before the full specifics of negligence and the full depth of injuries are known. Plaintiffs are nonetheless required to bring suit within the limitations period and the problem of acquiring greater knowledge is dealt wi
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