Plaintiff filed personal injury action, alleging that he was sexually abused, as a minor, by his parish priest in the 1990s. Court erred in dismissing Complaint as time-barred, and in finding that Plaintiff failed to allege facts sufficient to invoke discovery rule. Plaintiff alleged that prior to turning 18, he repressed and suppressed any memory of the abuse, and that he remembered only in 2011 that the contact occurred and caused his injuries. Plaintiff cannot be charged with knowledge of something he did not remember happened. Thus, Plaintiff's allegations of abuse were sufficient to invoke the discovery rule. Allegations of fraudulent concealment and equitable estoppel were insufficient to invoke discovery rule.(CARTER, concurring; WRIGHT, specially concurring.)
Illinois Appellate Court
Civil Court
Statute of Limitations