APPLETON (WI)
Fox 11
APPLETON – A judge has denied another request by the Catholic Diocese of Green Bay to dismiss the lawsuit brought by Todd and Troy Merryfield.
Todd and Troy Merryfield were molested by former priest John Feeney in 1978. In May, a jury made the award saying the diocese committed fraud by not telling the Merryfields about Feeney’s past history of sexual abuse. But, a judge overturned the verdict, saying a juror was not truthful during the selection process, and a new trial was ordered. No new trial date has been set.
The Diocese asked Outagamie County Judge Nancy Krueger to throw out the case, using the legal argument known as “laches” – that the Merryfields waited too long to file the suit and the resulting loss in testimony and evidence has damaged the case such that it isn’t fair to try.
In a ruling filed late Wednesday afternoon, however, Krueger denies the Diocese’s request for dismissal.
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