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ZEPHIER v. CATHOLIC DIOCESE OF SIOUX FALLS

Nos. 24124, 24194.

752 N.W.2d 658 (2008)

2008 SD 56

Sherwyn B. ZEPHIER, et al., Plaintiffs and Appellants, v. CATHOLIC DIOCESE OF SIOUX FALLS; Blue Cloud Abbey; Sisters of the Blessed Sacrament; and Oblate Sisters of the Blessed Sacrament, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 25, 2008.

Attorney(s) appearing for the Case

Gregory A. Yates of Law Offices of Gregory A. Yates, PC, Rapid City, South Dakota, Gregory A. Yates of Law Offices of Gregory A. Yates, PC, Encino, California, Attorneys for plaintiffs and appellants.

Jeremiah D. Murphy of Murphy, Goldhammer & Prendergast, LLP, Sioux Falls, South Dakota, Charles Goldberg, Rothgerber Johnson & Lyons, LLP, Denver, Colorado Eric V. Hall of Rothgerber Johnson & Lyons, LLP, Colorado Springs, Colorado, Attorneys for defendant and appellee Catholic Diocese.

Eric Schulte of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Robert Stich of Stich, Angell, Kreidler & Dodge, PA, Minneapolis, Minnesota, Attorneys for defendant and appellee Blue Cloud Abbey.

Michael J. Ford, Dyan J. Ebert, Heidi N. Thoennes of Quinlivan & Hughes, PA, St. Cloud, Minnesota, Attorneys for defendant and appellee Oblate Sisters of the Blessed Sacrament.

Christopher W. Madsen, Thomas J. Welk of Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee Sisters of the Blessed Sacrament.

ZINTER, Justice.

[¶ 1.] Seventy-two former students of St. Paul's School brought suit against four entities claiming that they were responsible for mental, physical and/or sexual abuse during the years 1947-1954 and 1958-1973. The circuit court granted summary judgment in favor of all defendants, concluding that a statute of limitations barred the claims. Thereafter, ten of the students moved to amend the complaint attempting to show a timely filing. Before the...

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