30 year old Sexual Abuse Claim Dismissed
In September of 2007, a man brought a lawsuit against his former catholic high school claiming sexual abuse for acts that were committed against him over 30 years ago. The court threw out the case because he did not file it within the applicable statute of limitations. Further, the court determined that there were no valid reasons for the delay in filing. A valid reason could have been brought in the form of an equitable estoppel claim. In asserting an equitable estoppel claim, the plaintiff must show that the defendant in some manner must have engaged in wrongful conduct which would have induced plaintiff into forbearing suit within the applicable limitations period; so as to toll the statute of limitations. In this case there was no proof that the catholic high school did anything wrong or obstructed the man from bringing suit within the applicable statute time. Accordingly, the plaintiff’s case was dismissed with prejudice.
If you have a similar scenario that you would like to find out the answers to, please call and speak to injury attorneys Andrew S. Alitowski & William Ryan Moore at 888-ASK-ANDREW (275-2637). We are available 24 hours a day, 7 days a week.
If you are injured…Ask Andrew!!!
