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RODRIQUEZ v. MILES

No. 25634.

799 N.W.2d 722 (2011)

2011 S.D. 29

Roger RODRIQUEZ a/k/a Roger Hickey, Plaintiff and Appellant, v. Brother Matthew MILES, John Donadio and (The) Congregation of the Priests of the Sacred Heart, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 22, 2011.

Attorney(s) appearing for the Case

William G. Taylor , Justin G. Smith of Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, South Dakota, and Steven R. Smith of Andera & Smith Law Offices, Chamberlain, South Dakota, Attorneys for plaintiff and appellant.

James E. McMahon , Rochelle R. Sweetman of Murphy, Goldammer & Prendergast, LLP, Sioux Falls, South Dakota, Attorneys for appellee Miles.

Robert B. Anderson of May, Adam, Gerdes and Thompson, LLP, Pierre, South Dakota, Attorneys for appellee Donadio.

Rick W. Orr , Timothy M. Gebhart of Davenport, Evans, Hurwitz and Smith, LLP, Sioux Falls, South Dakota, Steven R. smith of Andera & smith Law Offices, Chamberlain, South Dakota, Attorneys for appellee Congregation.

MEIERHENRY, Retired Justice.

[¶ 1.] The circuit court determined that the plaintiff's action for childhood sexual abuse was barred by the three year statute of limitations. We affirm.

[¶ 2.] The alleged sexual abuse against the plaintiff, Roger Rodriguez,1 while he was a student at St. Joseph's Indian School in Chamberlain, South Dakota, occurred in the 1970's when Rodriguez was between seven and ten years old. The defendants...

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