J.D. v. M.F., 53986

Decision Date06 September 1988
Docket NumberNo. 53986,53986
Citation758 S.W.2d 177
PartiesJ.D., Plaintiff-Appellant, v. M.F., Defendant-Respondent.
CourtMissouri Court of Appeals

Susan M. Hais, Clayton, for plaintiff-appellant.

Gary Carroll Stribling, Jr., Ziercher & Hocker, Clayton, for defendant-respondent.

Before STEPHAN, P.J., and DOWD and PUDLOWSKI, JJ.

STEPHAN, Presiding Judge.

Appellant challenges the order of the trial court granting summary judgment in favor of respondent. We affirm.

Appellant asserts that from 1959, and more or less continuously until 1972, she was sexually abused by her father. The acts of abuse included a discussion regarding sex, kissing, touching, caressing and other physical contact. None of the alleged acts of sexual abuse constituted sexual intercourse, and there is no allegation that any act of abuse occurred after 1972.

Appellant turned twenty-one on June 7, 1976. She filed her petition for relief on April 1, 1985, approximately nine years later. Respondent filed a motion to dismiss because the suit was filed out of time. The court denied the motion. After months of discovery, respondent filed a second motion, this time requesting summary judgment, because the statute of limitations had run on appellant's claim. The trial court granted the motion for summary judgment.

Appellant raises only one point on appeal. She alleges that the trial court erred in granting summary judgment because she came within the ten year statute of limitations, § 516.110 RSMo, 1986. We disagree.

We note at the outset that time did not commence running on appellant's cause of action until June 7, 1976, the day she reached her majority. § 516.170 RSMo, 1986.

Appellant's petition prays for monetary damages for her personal injury because of sexual abuse and debauchery at the hands of her father. She argues that this suit is governed by § 516.110 RSMo, 1986, which reads as follows:

Within ten years:

(1) An action upon any writing, whether sealed or unsealed, for the payment of money or property;

(2) Actions brought on any covenant of warranty contained in any deed of conveyance of land shall be brought within ten years next after there shall have been a final decision against the title of the covenantor in such deed, and actions on any covenant of seizin contained in any such deed shall be brought within ten years after the cause of action shall accrue;

(3) Actions for relief, not herein otherwise provided for.

This statute is applicable to a cause of action arising out of a contract in writing for the payment of money or property and actions "not herein otherwise provided for."

Contact with the body is offensive if it offends a reasonable sense of personal dignity. Restatement (Second) of Torts, § 19 (1965). If someone has taken indecent liberties with the person of a female without her consent and against her will, that person is guilty of an indecent assault. Edmisten v. Dousette, 334 S.W.2d 746, 752 (Mo.App.1960). (emphasis supplied) The statute of limitations for assault and battery is two years. § 516.140 RSMo, 1986.

Even if sexual abuse is not assault and battery, appellant is still time-barred. Tort actions which are not specifically enumerated by name in other sections come under § 516.120(4), which provides:

Within five years:

(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not...

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  • Fabian v. St. Louis Rams P'ship
    • United States
    • U.S. District Court — Eastern District of Missouri
    • January 21, 2014
    ...sense of personal dignity." Cooper v. Albacore Holdings, Inc., 204 S.W.3d 238, 246 (Mo.Ct.App. 2006) (quoting J.D. v. M.F., 758 S.W.2d 177, 178 (Mo.App. E.D.1988)). Because Plaintiff cannot show that Reif made any contact with her that would offend "a reasonable sense of personal dignity," ......
  • H.R.B. v. J.L.G., 68010
    • United States
    • Court of Appeal of Missouri (US)
    • December 19, 1995
    ...was a minor, RSMo § 516.170 tolls the applicable statute of limitations until the plaintiff turns twenty-one. See J.D. v. M.F., 758 S.W.2d 177, 178 (Mo.App.E.D.1988). With respect to RSMo §§ 516.120(4) and 516.140, RSMo § 516.100 provides the cause of action shall not be deemed to accrue wh......
  • Whatcott v. Whatcott
    • United States
    • Court of Appeals of Utah
    • April 4, 1990
    ...Scouts of America, Inc., 205 Cal.App.3d 1318, 253 Cal.Rptr. 156, 159-60 (Ct.App.1988); Bock, 526 So.2d at 297. See also J.D. v. M.F., 758 S.W.2d 177, 178 (Mo.Ct.App.1988); Altena v. Altena, 428 N.W.2d 315, 317 (Iowa Ct.App.1988). We cannot conclude that the trial court's grant of summary ju......
  • Sheehan v. Sheehan
    • United States
    • United States State Supreme Court of Missouri
    • June 20, 1995
    ...§ 516.120(4) RSMo 1986, the five-year statute applicable to "any other injury to the person." Doe, 862 S.W.2d at 339; J.D. v. M.F., 758 S.W.2d 177, 178 (Mo.App.1988). Which of these two statutes applies depends on the facts alleged. In this case, Margaret pleads that Leroy committed numerou......
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