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EARLE v. STATE

No. 98-254.

743 A.2d 1101 (1999)

Mark G. EARLE v. STATE of Vermont.

Supreme Court of Vermont.

November 24, 1999.

Attorney(s) appearing for the Case

Michael F. Hanley and Barney L. Brannen of Plante, Hanley & Brannen, P.C., White River Junction, for Plaintiff-Appellant.

William H. Sorrell, Attorney General, Montpelier, and Mark J. Patane, Assistant Attorney General, Waterbury, for Defendant-Appellee.

Present DOOLEY, MORSE, JOHNSON and SKOGLUND, JJ., and GIBSON, J. (Ret.), Specially Assigned.

JOHNSON, J.

Plaintiff Mark Earle appeals a ruling of the superior court granting summary judgment to the Department of Social and Rehabilitation Services (SRS) on the grounds that his negligence claims against SRS are barred by the statute of limitations. Plaintiff sued SRS claiming that SRS's negligence allowed him to be sexually abused by an older boy in SRS custody. Because the trial court erred in answering the threshold question of how to apply the retroactivity...

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