In his 28-page ruling, dated June 28 and made public Monday, Judge John G. Koeltl said the plaintiffs — Cecil Singleton, Kevin Kiadii and an unnamed man with the initials S.M. — filed their claims “more than six years after each plaintiff reasonably should have become aware of the defendant’s alleged violations” and more than three years after each turned 18.
The plaintiffs had argued that the time limit should begin once they realized they had been harmed, not the date of what they said was the abuse. But in his ruling, Judge Koeltl wrote, “The dates on which the plaintiffs connected their psychological injuries to their victimizations are irrelevant to the dates on which their claims accrued.” Even if the plaintiffs did not recognize the extent of their injuries, he wrote, “they were aware of the defendant’s conduct toward them and could have brought claims.”
Jeff Herman, a Miami lawyer who represented the plaintiffs, said they planned to appeal, adding in a statement that “we believe that the victims in this case are within the statute of limitations.”
Mr. Clash, who last month won three Daytime Emmy Awards for his “Sesame Street” work, resigned from the program in November when the accusations began surfacing. He was the voice of the character Elmo for nearly three decades.
In a statement, Mr. Clash’s lawyer, Michael G. Berger, said his client was pleased by the decision, calling it a step toward putting “these spurious claims behind him, so that Kevin can go about the business of reclaiming his personal life and his professional standing.” He added that Mr. Clash “is looking forward to a time in the near future when he can tell his story free of innuendo and false claims.”
A spokesman for Mr. Clash, Nicholas F. Peters of the CommCore Consulting Group, said the puppeteer was not giving interviews.
Another lawsuit from a plaintiff identified as D.O. was voluntarily withdrawn in April, and a fifth lawsuit, filed in Pennsylvania by Mr. Clash’s original accuser, Sheldon Stephens, remains outstanding.
Sesame Workshop said it had no comment on Judge Koeltl’s ruling.
Article source: http://www.nytimes.com/2013/07/02/business/media/three-lawsuits-against-elmo-creator-dismissed.html?partner=rss&emc=rss