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WOODROFFE v. HASENCLEVER11/22/1995
gence and strict liability also barred a later claim based on fraud. Id. at 350. In holding that all of plaintiff's causes of action were barred we said, "The district court did not err in concluding as a matter of law that the statute of limitations barred all of the remaining causes of action pleaded by the Sparkses." Id. at 352-53.
The purpose of the discovery rule as applied to the statute of limitations was discussed in LeBeau v. Dimig, 446 N.W.2d 800, 802-03 (Iowa 1989). In LeBeau, we applied the statute as a bar against a plaintiff who "discovered" new injuries after the statute had run. We said:
While fairness to a plaintiff provides justification for the discovery rule, we believe fairness to a defendant must temper the application of the rule. The reasonable expectations of a defendant as to when exposure to liability will be terminated, which lie at the heart of the statute of limitations, would be seriously eroded if we were to adopt [LeBeau's] theory. The practical problems already discussed further militate against it.
Id. See generally Russell G. Donaldson, Application of Discovery Rule to Postpone Running of Statute of Limitations Against Action for Damages From Assault, 88 A.L.R.4th 1063 (1991).
Although these cases do not address the situation presented in the instant case where the plaintiff is asserting multiple causes of action against a defendant based on memory surfacing sporadically after many years, we believe the principle of inquiry notice applied in the above cases is appropriate to apply here. The trial court was correct in so doing. We therefore hold all of Woodroffe's claims asserted against defendant as having occurred before her age of majority are barred by the statute of limitations. [540 NW2d Page 50]
V. Conclusion
The trial court correctly applied our rule of civil procedure on summary judgment to this case. Iowa Code section 614.8A does not apply to this case and is not retroactive to revitalize claims of sexual abuse barred under the provisions of Iowa Code section 614.1(2), nor does our common law discovery rule protect Woodroffe's claim of sexual abuse from dismissal under Iowa Code section 614.1(2).
In Frideres v. Schiltz, 540 N.W.2d 261, 268 (Iowa 1995), we decided claims of assault and intentional infliction of emotional distress arising out of sexual abuse are included in the provision of Iowa Code section 614.8A. However, these claims are not revived by section 614.8A if previously barred by an applicable statute of limitations. Because Woodroffe's claims of assault and intentional infliction of emotional distress arose out of her claim of sexual abuse which is barred by the statute of limitations, they are also barred. The trial court's dismissal of these two additional claims had the correct legal effect and is therefore affirmed.
AFFIRMED.
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