Taylor Anderson attorneys Jin Hee Park, Mallory Lorber, Zachary Rutman and Paul Buckley recently won two motions for summary judgment based on the statute of limitations in a highly contentious case in Washington state.
The case centered on allegations that Plaintiff was sexually abused and given cigarettes by group home staff, which he claimed they used to curry favor with him and other residents. While the alleged incidents occurred in 1980s. Plaintiff didn't file his lawsuit until 2020. He advanced several arguments to excuse his 30-plus year delay in bringing his lawsuit, including claiming that he did not realize that his injuries were related to smoking.
Securing critical admissions during Plaintiff’s deposition played a key role in this victory. During the deposition, Plaintiff admitted to being aware of his smoking-related ailments, such as coughing and ear infections, while he was still at the group home; he was also warned to quit by his former wife when he was 19 years old; and he started receiving disability in 1997 for his myopathy. He believed the myopathy was caused by smoking.
Taylor Anderson moved for summary judgment and dismissal of two individuals – the executive director and a board member of the group home - contending that the claims were untimely.
The Court granted our motions for summary judgment and dismissed the entire lawsuit, finding that Plaintiff’s claims were barred by Washington’s statute of limitation.