Hecksher v. Fairwinds Baptist Church, Inc.
Delaware Supreme Court reversed decision of the trial court granting summary judgment when there were issues of fact as to whether the Defendant School and Church were grossly negligent.
2015 Del. LEXIS 243 (Del. May 21, 2015)
In a recent opinion by Judge Young of the Superior Court, in a case where the plaintiff was represented by Jacobs & Crumplar along with The Neuberger Firm, the Court confirmed that the Child Victim’s Act of 2007 eliminated the statute of limitations on all causes of action based on childhood sexual abuse of a child, including those against institutions or those employed by institutions.
The Delaware Superior Court held that where injuries from sexual abuse were inherently unknowable due to traumatic amnesia (or repressed memories) the running of the time limitations for filing are tolled.
The Delaware Supreme Court held that the Child Victim’s Act, 10 Del. C. § 8145, is constitutional.
The Delaware Superior Court has recognized the sensitive nature of these types of suits and permitted individuals to file under an anonymous pseudonym or “John Doe.”
On January 28, 2013 the Delaware Superior Court held in the case of John Doe 6 v. Boy Scouts of America that the Boy Scouts of America must produce their ineligible volunteer files from 1948 to 1973 in plaintiffs’ cases, which is 20 years prior to the abuse of John Doe 6, subject to a confidentiality order and the redaction of certain information. These are twenty years worth of files that the BSA collected prior to the abuse in Doe # 6’s case, and represent 20 years of ineligible volunteer files compiled prior to those produced in the Oregon case of Doe 1 v. Corp. of the Presiding Bishop, Case No. 0710-11294 (Or. Circ. Ct. Jan. 28, 2010) which were made public after the trial in that case.