Gerson v. Logan River Academy, et al., No. 20-4074 (10th Cir. 2021)
Annotate this CasePlaintiff Samantha Gerson was allegedly sexually abused when she was 15 years old by an employee (the Perpetrator) at Logan River Academy, a residential treatment facility in Logan, Utah. She filed suit against Logan River a decade later in the United States District Court for the Central District of California, from which the case was transferred to the United States District Court for the District of Utah. Logan River moved to dismiss on the ground that the suit was barred by Utah’s applicable statute of limitations. Gerson responded that the suit was timely under California law. The district court applied California’s choice-of-law doctrine, determined that Utah’s statute of limitations governed, and granted the motion to dismiss. Finding no reversible error in that decision, the Tenth Circuit Court of Appeals affirmed dismissal.
The court issued a subsequent related opinion or order on December 14, 2021.
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