Article Title
‘A landmark decision’: Court ruling could affect abuse cases, limit impact of statute of limitations
Link to Article: https://www.tribdem.com/news/a-landmark-decision-court-ruling-could-affect-abuse-cases-limit/article_b715b7b8-8d90-11e9-9726-0364ee092f77.html
Source: Tribune-Democrat
Author(s): Dave Sutor
Date: June 13, 2019
Synopsis of / Excerpts from Article
In a unanimous decision, a three-judge panel of the Pennsylvania Superior Court has effectively reinstated a civil lawsuit against (1) the Roman Catholic Diocese of Altoona-Johnstown, (2) then-retired (now deceased) Bishop Joseph Adamec, and (3) the estate of deceased Bishop James Hogan. The suit alleges they committed fraud, constructive fraud and conspiracy by covering up abuse within the diocese. The suit was filed in 2016 by Renee Rice.
According to the article:
Rice alleged she was abused by the Rev. Charles Bodziak, from when she was about 9 years old until age 14, during his time as pastor at St. Leo’s Church in Altoona.
She did not file legal action for the abuse, but rather for the alleged coverup to protect predator priests within the diocese. She claimed to not have learned the full scope of the alleged conspiracy until the Pennsylvania Office of Attorney General issued a grand jury report in 2016 that provided details of how the diocese – under the leadership of Hogan and Adamec – took steps to shield clergy members who sexually abused children.
Rice’s attorney, Richard Serbin, argued that the conspiracy continued until Bodziak was placed on leave in January 2016 or maybe even later until the grand jury report was issued in March 2016 and that a jury – not a judge – should determine when the statute of limitations had expired. He also felt that a layperson could not have been reasonably expected to learn about the alleged coverup that was not completely revealed until the attorney general’s office could use its full investigative powers.
The suit had been dismissed by a Blair County judge (Jolene Kopriva) in December 2017. In her opinion, the statute of limitations had expired. The Superior Court panel overturned Kopriva’s decision, effectively reinstating the case.
According to the article:
In a unanimous opinion, written by Superior Court Judge Deborah Kunselman, the panel determined: “When, as here, a plaintiff alleges a fiduciary relationship with a religious institution or its leadership, based on her specific role(s) within the institution or based on a counselling relationship, this creates a jury question. If a jury finds sufficient facts to prove a confidential relationship, it may also find that the Church’s silence constituted a fraudulent concealment. Finally, under Ms. Rice’s alleged facts, she timely filed her third cause of action for civil conspiracy.”
The judges added: “Only a jury may determine whether Ms. Rice reasonably investigated the Diocesan Defendants for their intentional torts.”
Serbin said the decision “gives some victims … of clergy child sex abuse … the opportunity, under certain circumstances, to file claims, which were heretofore considered outside the statute of limitations. This is a landmark decision and will have impact far greater than my client’s case.”