Sexual abuse cases are rarely won with a motion for summary judgment. But last month, Taylor Anderson attorneys Paul A. Buckley, Zachary D. Rutman and Jin Hee Park did just that -- they won summary judgment for the executive director of a boys’ home in Washington state.
In this case, the plaintiff -- a resident of the boys’ home in the 1980’s -- claimed the executive director failed to protect him from sexual abuse – allegations that the executive director vigorously denied. Plaintiff filed his lawsuit against the boys’ home in 2016, but he did not name the executive director. It was only in 2020 that the Plaintiff amended his complaint to add the executive director.
Taylor Anderson’s motion for summary judgment argued that Plaintiff’s claims were time-barred under Washington’s three-year statute of limitations against the executive director because he waited more than three years to file his claim. Plaintiff argued that his claims were timely under Washington’s “relation back doctrine,” which permits a party to use the original filing date for statute of limitations purposes if certain elements are met. He also argued that his claims were timely because he still had not discovered that his injuries were caused by the abuse.
After reviewing the evidence and hearing argument, Judge James Dixon of Thurston County in Washington state entered summary judgment in favor of the executive director and all six claims were dismissed.
The victory was secured by Taylor Anderson’s San Diego and Palo Alto offices.