Monahan Law Blog

Vermont Judge Denies Church Defense that Sex Abuse Claim barred by Statute of Limitations

A Maryland man's lawsuit against the diocese of Vermont alleging that the Catholic church is liable for damages as a result of being sexually abuse while he was an altar boy during the 1970’s because it knew one of its priests, Father Paquette, was a child molester when it hired him obtained a favorable ruling from the Judge on December 15, 2008 when Judge Dennis Pearson denied the diocese’s defense that the claim was barred by the statute of limitations.  

 The diocese does not dispute the claim but raised two key defenses:  (1) that the anxiety and any other psychological problems the man has suffered over the years were not caused by the abuse, and/or (2) the victim waited too long to file his lawsuit, and therefore, he was barred from proceeding because of the Statute of Limitations.  

Judge Pearson ruled that  the claim was not barred by the Statute of Limitations, stating in  his opinion denying the motion that  "I do think the evidence shows there is no reason for the jury to consider whether ... (the man) knew or should have known he had a claim against the diocese for negligent hiring.”

Labels: abuse altar anxiety archbishop barred boy catholic child childhood children church claim crime damages depression diocese evidence father hiring injury judge law limitations molested molester negligent priest sex sexual statute suicide suit victim