|Fmr. Siouxland Priest's Abuse Case Should Be Dismissed, Attorneys Say
By Molly Montag
Sioux City Journal
February 5, 2009
SIOUX CITY -- Two sexual abuse claims against a former Siouxland priest should be dismissed because they were filed well after the statute of limitations expired, his attorneys say.
Minnesota resident Joseph Kestel and Montana resident Jeffery Steinke, former Siouxland residents, filed separate lawsuits last Spring against former Sioux City Diocese priest John Kurzak and John Perdue, a former seminarian.
Kestel's case is scheduled for trial on Sept. 29. Steinke's case is slated for trial on Oct. 27.
Both men allege the two diocesan officials abused them during separate incidents in northwest Iowa in the early 1980s. In Kestel's case, he claims Sioux City diocese officials were given videotapes of the abuse and failed to take action.
Kestel and Steinke are suing the diocese, Kurzak and Perdue for damages caused by physical and emotional suffering, past medical expenses and future related medical costs.
Attorneys Erin Redmond and James W. Redmond, representing Kruzak, on Monday filed documents asking a judge to dismiss both cases because they were filed more than 20 years after the alleged abuse occurred.
In past court filings, Kurzak asserted he had never met Kestel.
Neither of the plaintiffs supplied evidence they were too mentally disabled to file a lawsuit within the statute of limitations, Kurzak's attorneys wrote, so their cases should be dismissed.
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