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  SR Diocese Cases Could Be Settled

The Press Democrat [Santa Rosa CA]
February 2, 2005

Talks to begin Monday on 10 pending lawsuits, although substantial payments could bankrupt church

Ten remaining lawsuits alleging sexual abuse by Sonoma County priests could be resolved in talks set to begin Monday, but any settlements could cost the Santa Rosa Catholic Diocese millions of dollars and force it into bankruptcy.

Santa Rosa's cases are first in line for court-ordered mediation efforts of about 160 civil suits against Santa Rosa and seven other dioceses.

Whether any of the local cases will be settled and how much it might cost is unknown. But Santa Rosa Bishop Daniel Walsh has warned 150,000 North Coast Catholics that a "single large verdict" could prompt the diocese to file for bankruptcy.

"Only time will tell (if settlements can be reached)," said Stockton attorney Larry Drivon, who represents nine of the 10 plaintiffs against Santa Rosa.

Diocese attorney Dan Galvin said he will "make every effort" to settle the cases, offering "reasonable compensation" to victims and also preserving the church's ability to perform its ministries.

But Galvin also said the diocese has retained a bankruptcy attorney to "advise us on our options."

Galvin declined to say how much the diocese could afford to pay in legal settlements without declaring bankruptcy.

Participation by the diocese's insurance carriers is essential to paying any settlements, he said.

The Orange County diocese last month settled 90 sex abuse lawsuits for $100 million, averaging about $1.1 million a victim.

The Santa Rosa Diocese agreed to a $3 million settlement negotiated with Drivon last year on behalf of Roberta Saum, who alleged she was molested by former priest Don Kimball from 1976 to 1982.

But the deal fell apart when the diocese was unable to fund the settlement, Galvin said.

Saum's case is among the 24 cases set for trial between March and November. Saum's trial date is May 16; two other cases involving Kimball are set for Sept. 12.

"Trial dates drive settlements," Drivon said.

No Catholic clergy child sex abuse civil case has gone to trial and had a jury verdict in the United States since 1998, Drivon said.

That case, in which Drivon represented two victims against the Stockton diocese, ended in a verdict of $29.5 million, which was negotiated down to $7.5 million.

All of the 160 current cases being heard in the Oakland court will be considered for settlement within 60 days, Drivon said.

The non-binding settlement talks will involve lawyers for the plaintiffs, the dioceses and their insurance companies, meeting out of court with a professional mediator.

The process was ordered by Alameda County Superior Court Judge Ronald Sabraw, who is handling the consolidated cases.

Five of the 10 Santa Rosa cases involve Kimball, three involve former priest Gary Timmons and two involve the Rev. Patrick Gleeson, who died in 1991.

An 11th suit, involving Timmons, was previously settled but terms were not disclosed.

All of the lawsuits allege that church officials knew or should have known of the priests' misconduct and failed to prevent it.

The Santa Rosa Diocese, which covers 43 parishes from Petaluma to the Oregon border, has been roiled for a decade by revelations of sexual misconduct by priests going back 40 years.

The diocese has acknowledged payments to victims totaling $8.6 million.

 
 

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