Cosgriffe v. Cosgriffe

This is an appeal from an order of the District Court of the Thirteenth Judicial District, Yellowstone County, the Honorable Maurice R. Colberg, Jr., presiding, granting respondent Richard Cosgriffe’s motion for summary judgment. We reverse.

One issue is before this Court:

Whether § 27-2-216, MCA, the statute of limitations for claims involving childhood sexual abuse, violates the state or federal constitutions because it provides for retroactive application.

In January 1991, at the age of forty-one, the appellant Carol Cosgriffe filed a complaint in District Court pursuant to § 27-2-216, MCA,…