Phillips v. Deihm

Plaintiff, initially through a conservator and later on his own, brought and maintained an action seeking damages for the sexual abuse inflicted upon him by defendant Duwayne Deihm over an eight-year period. Opal Deihm was named as a defendant because she allegedly was aware of, but failed to prevent, the sexual abuse. After the filing of these appeals, Opal passed away and her estate has been substituted as a party to the appeals.

In Docket No. 164586, plaintiff appealed as of right the trial court’s dismissal of the claim against Opal at the conclusion of a jury trial. Opal cross appealed,…