Jane and John Doe v. William Bruce McCoy

Summary

The Nebraska Supreme Court affirmed dismissal of a tort action alleging childhood sexual abuse because the applicable statutes of limitations had expired before the enactment of a later statute extending the limitations period. The court held that Neb. Rev. Stat. § 25-228 did not revive claims already barred when the statute was enacted and declined to address whether the plaintiffs could proceed under pseudonyms.

Holdings

1. Neb. Rev. Stat. § 25-228 does not apply to actions for which the existing statute of limitations had run before § 25-228 was enacted.
2. The loss-of-consortium claim was properly dismissed because it was derivative of Jane Doe's barred underlying claims.

Questions Presented

1. Whether Neb. Rev. Stat. § 25-228 extended the limitations period for claims that had already been extinguished under the statutes in effect before § 25-228 was enacted.
2. Whether the plaintiffs were entitled to proceed under pseudonyms.

Disposition

affirmed