D.Z. IRON WING v. CATHOLIC DIOCESE OF SIOUX

No. 25729.

807 N.W.2d 108 (2011)

2011 S.D. 79

D.Z. IRON WING, Plaintiff and Appellant, v. CATHOLIC DIOCESE OF SIOUX FALLS; Blue Cloud Abbey; Fr. Francis Sutmueller; Oblate Sisters of the Blessed Sacrament; and Sr. M. Frances, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 30, 2011.


Attorney(s) appearing for the Case

Michael Shubeck of Law Offices of Gregory A. Yates , Rapid City, South Dakota, Rebecca L. Rhoades of Manly & Stewart, Newport Beach, California, Attorneys for plaintiff and appellant.

Michael J. Ford , Dyan J. Eberts of Quinlivan & Hughes, PA, St. Cloud, Minnesota, Attorneys for defendants and appellees Oblate Sisters.

Rochelle Sweetman , Michael L. Luce , of Murphy, Goldammer & Prendergast, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee Catholic Diocese.

Robert Stich of Stich , Angell, Kreidler & Dodge, PA, Minneapolis, Minnesota, Eric C. Schulte , of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee Blue Cloud Abbey.


KONENKAMP, Justice.

[¶ 1.] In October 2008, plaintiff brought suit for sexual abuse committed more than forty years earlier. He averred that the abuse was perpetrated by a nun and a priest at a boarding school he attended. Defendants moved for summary judgment asserting that the limitations period had expired on plaintiff's claims because he failed to commence his action "within three years of the act alleged to have caused the injury or condition, or three years...

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