Frideres v. Schiltz

• Decision Date: 22 November 1995
• Docket Number: No. 85,85
• Parties: Linda FRIDERES, Dean Frideres, Mollie Baas, By Her Next Friend Linda Frideres, and Danielle Frideres, By Her Next Friend, Linda Frideres, Plaintiffs, v. Marlin SCHILTZ, Kathryn Schiltz, Kenneth Schiltz, and Richard Schiltz, Defendants-Movants. /94-400.
• Court: Iowa Supreme Court

Page 261

540 N.W.2d 261

Linda FRIDERES, Dean Frideres, Mollie Baas, By Her Next Friend Linda Frideres, and Danielle Frideres, By Her Next Friend, Linda Frideres, Plaintiffs, v. Marlin SCHILTZ, Kathryn Schiltz, Kenneth Schiltz, and Richard Schiltz, Defendants-Movants.

No. 85/94-400.

Supreme Court of Iowa.

Nov. 22, 1995.

Iris E. Muchmore, James A. Gerk, and Webb L. Wassmer of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, and Richard A. Glynn of Holland, Brantseg & Glynn, Sisseton, South Dakota, for defendants-movants.

Roxanne Barton Conlin and Thomas J. Duff of Roxanne Conlin & Associates, P.C., Des Moines, for plaintiffs.

Considered en banc.

SNELL, Justice.

This case is considered pursuant to the Uniform Certification of Questions of Law Act, Iowa Code chapter 684A. The United States District Court for the Northern District of Iowa has certified to us questions of Iowa law which we now address.

I. Factual Background

In December of 1988, Linda Frideres, the plaintiff, told a priest that her brother had sexually abused her when she was a child. In 1990, Linda saw a clinical psychologist at the request of her physician. Linda's physician requested a complete psychological evaluation of Linda. In the course of the evaluation, Linda informed the psychologist that her father had beat her up and made "a couple of sexual advances" toward her and that one of her older brothers had sexually molested her. She also said she did not feel the sexual abuse had affected her as an adult.

At some point prior to beginning the therapy, Linda began to experience suicidal tendencies, compulsive urges to have order, a need for self-injury to relieve stress, depression, fatigue, numerous fears, and marital difficulties. After she began the therapy, she admitted herself to the Golden Valley Health Center in December of 1990. While at Golden Valley, Linda allegedly began having flashbacks of sexual, physical, verbal, and psychological abuse and events in her childhood.

Linda has had some memory of the alleged abusive incidents for her entire life, but claims that only in about 1990 did she begin to tie her psychological problems to the incidents of alleged abuse. In September of 1991, Linda and her husband filed a complaint in the United States District Court for the Northern District of Iowa against Linda's parents and Linda's two brothers.

Linda's eighteen count complaint asserts claims of assault, battery, sexual abuse, and intentional infliction of emotional distress against her father. The complaint raises claims of battery and intentional infliction of emotional distress against her mother. Against both parents, the petition asserts claims of intentional failure to protect, negligent failure to protect, and premises liability. Against one brother, the complaint asserts claims of assault, battery, sexual abuse, and intentional infliction of emotional distress. Finally, Linda's petition charges her other brother with assault, battery, sexual abuse, and intentional infliction of emotional distress. Linda's husband asserts a claim of loss of spousal consortium against all defendants.

The defendants filed two motions for summary judgment in the district court asserting several grounds for judgment as a matter of law in their favor. The plaintiffs resisted all of the defendants' contentions. After oral argument, the district court decided the matter involves issues on which Iowa appellate courts have not ruled. Therefore, pursuant to Iowa Code chapter 684A (1993), the district court has certified nine questions to this court.

The certified questions are as follows:

(1) As a matter of statutory construction and legislative intent, does Iowa Code § 614.8A apply retroactively to a claim that would otherwise be barred by the applicable statute of limitations in existence prior to the enactment of § 614.8A?

(2) If the answer to (1) is "yes," does the retroactive application of Iowa Code § 614.8A violate the Due Process Clauses of the Constitution of the State of Iowa and the Constitution of the United States?

(3) If the answer to (2) is "no," does Iowa Code § 614.8A violate the Equal Protection Clauses of the Constitution of the State of Iowa and the Constitution of the United States?

(4) If the answer to (3) is "no," as a matter of statutory construction does the phrase "An action for damages or injuries suffered as a result of sexual abuse" contained in Iowa Code § 614.8A encompass claims other than a direct claim of sexual abuse, which in our case are Counts III, VII, X, such as the claims for assault we have in Counts I, V; and battery such as we have in Counts II, VI, IX, XII; and intentional infliction of emotional distress such as we have in Counts IV, VIII, XI, XIII; and intentional failure to protect such as we have in Count XIV; and negligent failure to protect such as we have in Count XV, and premises liability such as we have in Count XVI, and loss of spousal consortium such as we have in Count XVII.

(5) If the answer to (4) or any part thereof is "yes," is Iowa Code § 614.8A impermissibly vague in violation of the Constitution of the State of Iowa and the Constitution of the United States with respect to the phrase "An action for damages or injuries suffered as a result of sexual abuse" contained in Iowa Code § 614.8A?

(6) Is the discovery rule of Chrischilles v. Griswold, 260 Iowa 453, 150 N.W.2d 94 (1967), and its progeny, including Callahan v. State, 464 N.W.2d 268 (Iowa 1990), available to a person who has always remembered (since the date of occurrence) some specific alleged act or acts of sexual abuse?

(7) Does Iowa law recognize a cause of action against a parent for negligent failure to protect?

(8) If the answer to (7) is "yes," are defendants Marlin and Kathryn Schiltz entitled to parental immunity with regard to plaintiff's claims for negligent failure to protect as pled in Count XV of plaintiff's complaint?

(9) Are defendants Marlin and Kathryn Schiltz entitled to parental immunity with regard to plaintiff's claim for premises liability as pled in Count XVI of plaintiff's complaint?

II. Retroactivity of Section 614.8A

A. Linda alleges the last incident of sexual abuse occurred in approximately 1967. At the time of this last incident, the two year period of limitations located in Iowa Code section 614.1(3) (1966) would have governed Linda's ability to bring a tort action for personal injury. However, because Linda was a minor in 1967, section 614.8 would have tolled the running of the period of limitations so that it would have expired one year after she attained the age of majority under normal conditions. Iowa Code § 614.8 (1966). Pursuant to the 1966 code, individuals attained majority at age twenty-one or upon marriage. Iowa Code § 599.1 (1966). Linda was married on August 19, 1972. However, in 1972, the Iowa legislature reduced the age of majority to nineteen, effective on July 1, 1972. On that date Linda was twenty years old having been born on April 19, 1952. By legislative act, she attained her majority on July 1, 1972, before she was married. Therefore, absent the potential application of any other tolling rules, the period of limitations would have expired on July 1, 1973--one year after Linda attained her age of majority.

In 1990, the legislature added section 614.8A, entitled "Damages for child sexual abuse--time limitation," to the Iowa Code. 1990 Iowa Acts ch. 1241, § 2. This section provides the following:

An action for damages for injury suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.

Iowa Code § 614.8A (1991).

The legislature did not specify the effective date of this section. Under Iowa Code section 3.7(1), this statute therefore took effect on the first day of July following its passage or July 1, 1990. Linda filed this action on September 5, 1991. The defendants argue that application of section 614.8A to the circumstances of this case would amount to an improper retroactive application of the statute. They assert that since Linda's suit would have been barred under the statute of limitations which existed at the time of the events giving rise to her cause of action, the new statute cannot revive her potential claim. The defendants also contend that the legislature only intended the section to apply to causes of action which have arisen since July 1, 1990.

The plaintiffs counter the defendants' assertions by contending that under Iowa law, procedural statutes apply retroactively unless the legislature expressly indicates a contrary intent. The plaintiffs argue that because section 614.8A is a procedural statute and does not impair any substantive rights of the defendants, it applies retroactively.

B. Our legislature has provided a statutory general rule that determines the applicability of its laws. Iowa Code section 4.5 (1993) provides, "A statute is presumed to be prospective in its operation unless expressly made retrospective." The preference of the legislature for prospectivity is further stated in Iowa Code section 3.7(6) (1993): "Unless retroactive effectiveness is specifically provided for in an Act or resolution, an Act or resolution which is enacted after an effective date provided in the Act or resolution shall take effect upon the date of enactment."

A law is retroactive if it affects acts or facts which occurred, or rights which accrued, before the law came into force. Black's Law Dictionary 1184 (5th ed. 1979); see also Smith v. Korf, 302 N.W.2d 137, 138 (Iowa 1981); Walker State Bank v. Chipokas, 228 N.W.2d 49, 51 (Iowa 1975). We presume that all statutes the legislature enacts are to apply prospectively; that is, they are to apply only to actions which...