Riley v. Presnell

• Decision Date: 28 January 1991
• Citation: 565 N.E.2d 780,409 Mass. 239
• Parties: Robert Scott RILEY v. Walter M. PRESNELL.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

Page 780

565 N.E.2d 780

409 Mass. 239

Robert Scott RILEY v. Walter M. PRESNELL.

Supreme Judicial Court of Massachusetts Essex.

Argued Oct. 3, 1990.

Decided Jan. 28, 1991.

Stanley J. Spero (Linda Jorgenson, Cambridge, with him), for plaintiff.

Anthony M. Doniger, Boston, for defendant.

Before LIACOS, C.J., and WILKINS, ABRAMS, NOLAN and O'CONNOR, JJ.

NOLAN, Justice.

This case requires us to determine whether and in what manner the so-called "discovery rule" affects the accrual of a malpractice action against a psychotherapist for purposes of the statute of limitations. We hold that an action against a psychotherapist for malpractice does not accrue, and therefore the statute of limitations does not begin to run, until the plaintiff knew or reasonably should have known that he may have suffered injury because of the psychotherapist's conduct. We further hold that the question when a plaintiff knew or should have known of his cause of action is one of fact which in most instances will be decided by the trier of fact. The evidence in this case raises a genuine issue of material fact as to whether the plaintiff knew or should have known that he may have been injured by his therapist. Thus, summary judgment in favor of the defendant was inappropriate. Therefore, we reverse the judgment of the Superior Court and remand this case for a trial which shall include the issue of the statute of limitations.

On April 10, 1986, the defendant's motion for summary judgment was denied. Several years later, before the trial of the matter was to have commenced, a different judge reconsidered the 1985 motion. On December 15, 1989, after a hearing, the judge allowed the motion for summary judgment. Because this matter is before us on the defendant's motion for summary judgment, we outline the facts from the record in the light most favorable to the plaintiff. Attorney Gen. v. Bailey, 386 Mass. 367, 371, 436 N.E.2d 139, cert. denied sub nom. Bailey v. Bellotti, 459 U.S. 970, 103 S.Ct. 301, 74 L.Ed.2d 282 (1982).

In 1975, the plaintiff, Robert Scott Riley, was referred to the defendant, Dr. Walter M. Presnell, by the Massachusetts Rehabilitation Commission. Riley was an epileptic who had been experiencing some emotional difficulties, but did not suffer from any major psychopathology at the time he began treatment. Some months into the therapy, Dr. Presnell began to introduce alcohol and marihuana into the therapy sessions. The use of these substances continued and increased through the four years of therapy. Dr. Presnell also dispensed liberal prescriptions of Valium to Riley. On at least two occasions, purportedly as a way to deal with Riley's feelings toward his father, Dr. Presnell persuaded Riley to engage in various sexual acts with him. Riley was uncomfortable with the sexual activity and after the second or third incident refused to participate further. Nevertheless, Riley apparently became totally dependent on Dr. Presnell, on one occasion opining that Dr. Presnell might be "God." Dr. Presnell told Riley not to tell anyone of the nature of the therapy because it was "special" and the world would neither understand nor approve.

In 1979, Dr. Presnell abruptly terminated the therapy without even referring Riley to another psychiatrist. Dr. Presnell left Riley with a three-month prescription for Valium. When this prescription was depleted, Dr. Merrick Fisher provided Riley with a one-month Valium prescription. Riley's wife sought to renew the prescription, but Dr. Fisher told her that Riley had used the prior prescription far too quickly and was addicted to Valium.

In early 1980, Riley began therapy with another psychiatrist, Dr. Frederic Oder. Dr. Oder helped Riley recover from his Valium addiction. Riley was by this time also experiencing more severe emotional and psychological problems, was drinking heavily, and had domestic problems. During his treatment, Riley related all aspects of his prior therapy to Dr. Oder. Dr. Oder told Riley that Dr. Presnell's treatment as a whole was substandard, bad, and essentially "nontreatment" and that specific aspects of the treatment--the sexual contact and the abrupt termination, for instance--were totally inappropriate. Dr Oder did not tell Riley that any of his psychological or emotional problems were caused by the substandard treatment.

Riley left therapy with Dr. Oder in 1981, only to return in December, 1983. In 1984, Dr. Oder put Riley in touch with another former patient of Dr. Presnell. This person allegedly had been similarly abused by Dr. Presnell and was suffering from many of the same psychological and emotional problems as Riley. Riley claims that only after his meeting with this other patient did he realize that there was a causal link between his condition and the treatment he received from Dr. Presnell. The issue before us is whether the evidence on the record presented any genuine issue as to whether Riley's action was barred by the statute of limitations.

We note at the outset that the trial judge had the authority to reconsider the motion for summary judgment sua sponte. Although a judge should not lightly undo the work of another judge, Barbosa v. Hopper Feeds, Inc., 404 Mass. 610, 622, 537 N.E.2d 99 (1989), the power to reconsider an issue remains in the court until final judgment. Peterson v. Hopson, 306 Mass. 597, 601, 29 N.E.2d 140 (1940). "Even without rehearing, a judge may modify a decision already announced, so long as the case has not passed beyond the power of the court." Id. at 602, 29 N.E.2d 140. The denial of a motion for summary judgment is not a final judgment or decree and thus the trial judge was within his authority to reconsider and alter the prior decision.

Riley brought this action against Dr. Presnell seeking damages for the psychological and emotional injuries which flowed from the inappropriate psychotherapy. Riley's complaint includes counts for negligence, breach of contract, infliction of emotional distress, battery, and invasion of privacy (malpractice claims), as well as an unfair and deceptive trade practices claim under G.L. c. 93A (1988 ed.). General Laws c. 260, § 5A (1988 ed.), provides that all actions under c. 93A be brought within four years after they accrue. General Laws c. 260, §§ 2A and 4 (1988 ed.), provide a three-year limitation as to all of Riley's other claims. Riley brought this action in March, 1985. Thus, if his cause of action accrued prior to March, 1981, all the counts are barred. If his cause of action accrued between March, 1981, and March, 1982, only the c. 93A claim stands.

The Legislature has not defined when a cause of action accrues for purposes of the statute of limitations. That determination, therefore, "has long been the product of judicial interpretation in this Commonwealth." Franklin v. Albert, 381 Mass. 611, 617, 411 N.E.2d 458 (1980). The general rule in personal injury actions is that the cause of action accrues when the plaintiff is injured. See Fortin v. Massachusetts Hous. Fin. Agency, 392 Mass. 440, 442, 466 N.E.2d 514 (1984); Cannon v. Sears, Roebuck & Co., 374 Mass. 739, 741, 374 N.E.2d 582 (1978).

In Franklin v. Albert, supra at 619, 411 N.E.2d 458, we held that a cause of action for medical malpractice accrues "when the plaintiff learns, or reasonably should have learned, that he has been harmed by the defendant's conduct." One need not apprehend the full extent or nature of an injury in order for a cause of action to accrue. See Olsen v. Bell Tel. Laboratories, Inc., 388 Mass. 171, 445 N.E.2d 609 (1983) (cause of action for insidious disease accrues on discovery of any injury rather than on discovery that injury was permanent). In Bowen v. Eli Lilly & Co., 408 Mass. 204, 208, 557 N.E.2d 739 (1990), we held that "[w]e do not require that a plaintiff have notice of a breach of duty before a cause of action may accrue, but we do require that a plaintiff have (1) knowledge or sufficient notice that she was harmed and (2) knowledge or sufficient notice of what the cause of harm was."

We have applied this "discovery rule" to claims for legal malpractice, Hendrickson v. Sears, 365 Mass. 83, 89-90, 310 N.E.2d 131 (1974), and real estate fraud, Friedman v. Jablonski, 371 Mass. 482, 485-486, 358 N.E.2d 994 (1976). We see no reason not to apply the same rule to cases involving alleged psychotherapeutic malpractice.

Once the defendant pleads the statute of limitations as a defense to a malpractice action and establishes that the action was brought more than three years from the date of the injury, the burden of proving facts that take the case outside the impact of the statute falls to the plaintiff. Franklin v. Albert, supra at 619, 411 N.E.2d 458. The question before us then, is whether Riley failed as a matter of law to show that he did not know and should not have known he had been harmed by Presnell's conduct.

This case was decided on a revived motion for summary judgment. Under Mass.R.Civ.P. 56(c), 365 Mass. 824 (1974), summary judgment is appropriate only when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact." When considering a motion for summary judgment, the judge should not consider the credibility of the witnesses or the weight of the evidence, nor should the judge make findings of fact. Attorney Gen. v. Bailey, 386 Mass. 367, 370, 436 N.E.2d 139 (1982).

Applying the test set forth in Bowen, supra at 208, 557 N.E.2d 739, we must determine whether, as a matter of law, Riley had "(1) knowledge or sufficient notice that [he] was harmed and (2) knowledge or sufficient notice of what the cause of harm was." There was no genuine dispute that Riley knew of the psychological ailments of which he now complains before 1981. Riley's arguments rest on his inability to identify the cause of those ailments. He claims that he reasonably did not know...