Mack Blackowiak v. Richard Kemp

The time at which a plaintiff knew or had reason to know his injuries were caused by sexual abuse ordinarily involves a factual determination. Summary judgment is inappropriate unless, based on an objective standard, the record establishes conclusively when the plaintiff had reason to know and, thus, leaves no question for jury determination. PARKER, Judge Appellant Mark Blackowiak filed a complaint in 1992 seeking damages from respondent Richard Kemp for injuries caused by sexual abuse in 1970. The district court granted Kemp's summary judgment motion, ruling Blackowiak's complaint is time-barred by the applicable statute of limitations. See Minn. Stat. § 541.073, subd. 2(a) (1992). Blackowiak appeals the summary judgment. We reverse and remand.