No special statutes or rules |
The general personal injury statute, § 600.5805 governs actions for childhood sexual abuse:
Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
(2) The period of limitations is 2 years for an action charging assault, battery, or false imprisonment.
Minority Tolling (Suspension): A victim has 1 year from the date of reaching the age of majority in which to file suit. MCL 600.5851(1).
Michigan has a discovery rule for personal injuries, but Courts have not recognized application to repressed memory claims or claims that victims did not realize a causal connection between the sexual abuse and their injuries. See, e.g. Lemmerman v Fealk, 201 Mich. App. 544, 507 N.W. 2d 226 (1993).
In Guerra v. Garratt, 564 N.W.2d 121 (Mich. App. 1997), the Plaintiff was unsuccessful in an argument that Lemmerman created an exception for tort claims that were "verifiable" and for cases such as hers, which contained "express and unequivocal admissions." The court adhered to Lemmerman's conclusion that neither the discovery rule nor the statutory grace period for persons suffering from insanity extends the limitations period for tort actions delayed by alleged "repressed memory". In Demeyer v. Archdiocese of Detroit, 233 Mich. App. 409 (1999), the Court of Appeals reluctantly followed the rule of Guerra v. Garratt and stated that but for its statutory duty to follow Guerra, it would reverse the grant of summary judgment on the issue of the statute of limitations.
Claims of fraudulent concealment have not been successful to allow suits against perpetrators or institution to extend the statute of limitations. Doe v. Roman Catholic Archbishop of Archdiocese of Detroit,692 N.W.2d 398, 264 Mich. App. 632 (2004), appeal denied 704 N.W.2d 708, 474 Mich. 892; Hassett v. Archdiocese of Detroit, slip. op. (Court of Appeals Nov. 10, 2005.
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