Earle v. State

Plaintiff Mark Earle appeals a ruling of the superior court granting summary judgment to the Department of Social and Rehabilitation Services (SRS) on the grounds that his negligence claims against SRS are barred by the statute of limitations. Plaintiff sued SRS claiming that SRS’s negligence allowed him to be sexually-abused by an older boy in SRS custody. Because the trial court erred in answering the threshold question of how to apply the retroactivity provision of the statute of limitations for cases of childhood sexual abuse, we reverse and remand.

“[S]ummary judgment is appropriate only…