| No special statutes or
rules |
The general personal injury statute, §
600.5805 governs actions for childhood sexual abuse:
Sec. 5805. (1) A person shall not bring or maintain an action to
recover damages for injuries to persons or property unless, after
the claim first accrued to the plaintiff or to someone through whom
the plaintiff claims, the action is commenced within the periods of
time prescribed by this section.
(2) The period of limitations is 2 years for an action charging
assault, battery, or false imprisonment.
Minority Tolling (Suspension): A
victim has 1 year from the date of reaching the age of majority in which
to file suit. MCL 600.5851(1).
Michigan has a discovery rule for personal injuries,
but Courts have not recognized application to repressed memory claims or
claims that victims did not realize a causal connection between the
sexual abuse and their injuries. See, e.g. Lemmerman v Fealk, 201
Mich. App. 544, 507 N.W. 2d 226 (1993).
In Guerra v. Garratt,
564 N.W.2d 121 (Mich. App. 1997), the Plaintiff was unsuccessful in an argument that Lemmerman
created an exception for tort claims that were "verifiable" and for cases such
as hers, which contained "express and unequivocal admissions." The court
adhered to Lemmerman's conclusion that neither the discovery rule nor the
statutory grace period for persons suffering from insanity extends the limitations period
for tort actions delayed by alleged "repressed memory". In
Demeyer
v. Archdiocese of Detroit, 233 Mich. App. 409 (1999), the
Court of Appeals reluctantly followed the rule of Guerra v. Garratt
and stated that but for its statutory duty to follow Guerra, it
would reverse the grant of summary judgment on the issue of the
statute of limitations.
Claims of fraudulent concealment have not been successful to allow
suits against perpetrators or institution to extend the statute of
limitations. Doe v. Roman Catholic Archbishop of Archdiocese of
Detroit,692 N.W.2d 398, 264 Mich. App. 632 (2004),
appeal denied 704 N.W.2d 708, 474 Mich. 892;
Hassett v. Archdiocese of Detroit,
slip. op. (Court of Appeals Nov. 10, 2005.
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