PENNSYLVANIA
Penn Live
June 12, 2019
By Ivey DeJesus
An opinion issued by a Pennsylvania court this week is being hailed as a victory for survivors of clergy sex abuse who are seeking to sue Catholic Church officials and dioceses but are timed barred from the legal system.
The unanimous opinion issued on Tuesday by the Pennsylvania Superior Court finds merit in an amended complaint filed by an adult survivor of clergy sex abuse, which, instead of focusing on the predator priest, charges the Diocese of Altoona-Johnstown with conspiracy, fraud and constructive fraud.
The opinion reverses an earlier decision by a Blair County Court judge dismissing the lawsuit because the statute of limitations had expired.
The amended lawsuit filed by Renee Rice claims the diocese committed conspiracy when it failed to protect her over its interests and that of the Rev. Charles Bodziak. The lawsuit also holds that the diocese had a fiduciary obligation to inform Rice (as a minor) and her parents of the priest’s predatory history and the diocese’s knowledge of it.
Attorney Richard Serbin argued that the questions raised in his client’s lawsuit amounted to jury questions and should not be determined by a court.
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