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ANGELL v. HALLEE
36 A.3d 922 (2012)
2012 ME 10
Christine S. ANGELL
v.
Renald C. HALLEE.
Docket: Cum-10-587.
Supreme Judicial Court of Maine.
Argued: September 13, 2011.
Decided: January 31, 2012.
Peter J. DeTroy, Esq., Russell B. Pierce, Jr., Esq. (orally), and Darya I. Haag, Esq., Norman, Hanson & DeTroy, LLC, Portland, for appellee Renald C. Hallee.
Panel: SAUFLEY, C.J., and ALEXANDER, LEVY, SILVER, MEAD, GORMAN, and JABAR, JJ.
SILVER, J. [¶ 1] Christine S. Angell appeals the entry in the Superior Court (Cumberland County, Cole, J.) of a judgment on the pleadings in favor of Renald C. Hallee. Angell alleges that Hallee sexually abused her during her childhood, while he was a priest at St. John's Parish in Bangor in the 1970s. Angell argues that the court erred in imposing a burden on her to allege and prove that the statute of limitations was tolled. We agree and vacate the judgment. I. BACKGROUND[¶ 2] On a motion for judgment on the pleadings, we review the facts in the light most favorable to the nonmoving party, in this case Angell. See Tornesello v. Tisdale, 2008 ME 84, ¶ 2, 948 A.2d 1244. Angell was born in 1961. She alleges that Hallee's abuse occurred from approximately 1970 to 1973, when she was between about eight and twelve years old. Angell filed her complaint on March 25, 2010, including claims against Hallee for negligence, sexual assault and battery, invasion of privacy, intentional infliction of emotional distress, negligent infliction of emotional distress, clergy malpractice, and breach of fiduciary duty. She brought a claim against both Hallee and the Roman Catholic Bishop of Portland for fraudulent concealment and sought punitive damages from both defendants. [¶ 3] Hallee and the Bishop asserted the statute of limitations as an affirmative defense and moved for judgment on the pleadings. Angell opposed the motions based in part on the tolling of the limitations period during Hallee's absence from and residency outside Maine. Hallee's answer admits he is a resident of Massachusetts. Angell argues that she should be permitted discovery to determine whether and for what periods Hallee was absent
from Maine and resided out of state after the cause of action accrued against him. Neither party submitted an affidavit in support of or opposition to the motion for judgment on the pleadings; the trial court decided the issue solely on the pleadings. [¶ 4] The court granted Hallee's and the Bishop's motions and entered judgment in their favor on all counts. Angell timely appealed. The parties later entered into a stipulation dismissing the Bishop with prejudice from the underlying action and the appeal. II. DISCUSSION
1. Title 14 M.R.S.A. § 753 (1965) has since been amended, but not in any way that affects this appeal. P.L.1985, ch. 804, § 1 (effective Aug. 1, 1988) (codified at 14 M.R.S. § 753 (2011)).
2. Title 14 M.R.S.A. § 853 (1965) has since been amended to make it applicable to actions brought pursuant to 14 M.R.S. § 752-C (2011). P.L.1985, ch. 343, § 2 (effective Sept. 19, 1985) (codified at 14 M.R.S. § 853 (2011)).
3. Title 14 M.R.S.A. § 704-A (1980) has since been amended but not in any way that affects this appeal. P.L.1995, ch. 694, § D-14 (effective Oct. 1, 1997) (codified at 14 M.R.S. § 704-A (2011)).
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