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PETERSON v. HUSO

Civ. No. 960065.

552 N.W.2d 83 (1996)

Polly Larson PETERSON and Darin A. Peterson, Plaintiffs and Appellants, v. John E. HUSO, Defendant and Appellee.

Supreme Court of North Dakota.

July 24, 1996.

Attorney(s) appearing for the Case

Fisher, Olson, Daley & Bata, Ltd., Grand Forks, for plaintiffs and appellants; argued by Michael F. Daley.

Camrud, Maddock, Olson & Larson, Ltd., Grand Forks, for defendant and appellee; argued by Scott D. Jensen.

MESCHKE, Justice.

Polly Larson Peterson and Darin A. Peterson appeal from a summary judgment dismissing their action against John E. Huso to recover damages for Huso's alleged sexual abuse of Polly in the early 1970's. We conclude the trial court erroneously determined a repressed memory was a "disability" that extended a statute-of-limitations period, and thus improperly applied NDCC 28-01-25 to bar this action. We reverse and remand.

Polly was born April...

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