Last week, the Oregon Court of Appeals said that the Lake Oswego School District could not be held responsible for the alleged child abuse by a fifth grade teacher that occurred more than 2 years ago. In Does 1-7 v. Lake Oswego School District and Judd Johnson, the Appellate Court upheld the trial court, which threw out the case based upon time limitations under Oregon's Tort Claims Act.
Seven men claimed that a fifth grade teacher molested them between the years 1967-1984. In other cases, against churches, for example, child molestation and sexual battery from decades ago has been the subject of sexual abuse lawsuits in Oregon. There's an exception to the general statute of limitations for child abuse cases if the victim did not comprehend the harm until recently. However, that exception did not win the day against the school, which is a public body protected by the Oregon Tort Claims Act (ORS 30.260 and following).
The OTCA sets forth strict time limitations. First, the victim must notify the public body or government agency within 180 days of an injury. If the person is disabled or a child, then the time limit can be extended for an additional 90 days, to 270 days. The victim must file a lawsuit within two years. Both deadlines start at the time of discovery, which begiins when the person, or any reasonable person, would have been aware of (1) the injury, (2) who is the perpetrator, and (3) the cause of the injury.
The court held that when suing a school or public body, "injury" for sexual touching occurs at the time of the touching. All of the men knew they were touched inappropriately back in the fifth grade, even if they did not comprehend the full consequences of the touching. For that reason, the court held that they all missed the time deadlines under Oregon's Tort Claims Act.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
