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  Judge Rejects Requests to Dismiss of Wrongful Death Lawsuit

Associated Press, carried in Winona Daily News
Winona Daily News [Wisconsin]
July 1, 2007

http://www.winonadailynews.com/articles/2007/07/01/wi/05wi0701.txt

Eau Claire, Wis. — A judge rejected motions by the Catholic Diocese of Superior seeking dismissal of a wrongful death lawsuit filed against it by the parents of a Hudson funeral home intern who was killed five years ago.

Eau Claire County Circuit Judge Paul Lenz issued an oral ruling Friday in the lawsuit filed by Carsten and Sally Ellison of Barron.

Ellison, 22, and funeral director Daniel O'Connell, 39, were fatally shot Feb. 5, 2002, at the O'Connell Family Funeral Home in Hudson.

The Rev. Ryan Erickson, 31, who had formerly been posted in Hudson, hanged himself in December 2004 while at a new assignment in Hurley, just days after police questioned him about the slayings.

In October 2005, St. Croix County Circuit Judge Eric Lundell reviewed evidence and heard testimony before ruling there was probable cause that Erickson shot the two men.

St. Croix County District Attorney Eric Johnson has said evidence suggested O'Connell learned the priest was sexually abusing someone, was providing alcohol to minors, or both.

The Ellisons' lawsuit was filed in St. Croix County Court, but Lenz was assigned the case. It requests unspecified damages for loss of society and companionship, funeral costs and medical expenses.

Any monetary awards from the lawsuit would go to the James Ellison Foundation for the Protection of Children. Money from the foundation would be used to protect children from sexual abuse and provide aftercare to those assaulted.

Superior attorney Kyle Torvinen, who is representing the diocese, agreed after hearing Lenz's comments.

The judge "believed it is more appropriate to address these kinds of issues at a summary judgment hearing than as motions to dismiss. I believe that also," Torvinen said.

The Ellisons did not participate in a lawsuit filed by O'Connell's relatives against all 194 U.S. Catholic bishops. That suit demands that names of predatory priests be made public.

 
 

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