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McAFEE v. COLE

637 A.2d 463 (1994)

Mark A. McAFEE v. Warren S. COLE and Cole Farms Restaurant, Inc.

Supreme Judicial Court of Maine.

Decided February 18, 1994.

Attorney(s) appearing for the Case

David J. Corson (orally), Frances L. Rice, Yarmouth, for plaintiff.

Toby Hollander, Lisbon Falls, for amicus curiae ME Trial Lawyers Ass'n.

Anita M. St. Onge, Asst. Atty. Gen., Augusta, for amicus curiae Dept. of Atty. Gen.

Thomas F. Monaghan (orally), Monaghan, Leahy, Hochadel & Libby, Portland, for defendant Cole Farms.

John F. Barnicle (orally), Moncure & Barnicle, Brunswick, for defendant Warren Cole.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS, RUDMAN and DANA, JJ.

RUDMAN, Justice.

Mark A. McAfee appeals from the judgment entered in the Superior Court (Cumberland County, Lipez, J.) dismissing his complaint against defendants Warren S. Cole ("Cole") and Cole Farms Restaurant, Inc. ("Cole Farms"), pursuant to M.R.Civ.P. 12(b)(6). McAfee raises three arguments on appeal: (1) because his claims based on sexual abuse did not accrue until he "discovered" them in 1992, they are not barred by the statute of limitations; (2) even...

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