Timeliness of Abuse Suit Referred to Higher Court

Chicago Tribune
December 13, 1993

Attorneys for the Catholic Diocese of Ft. Wayne-South Bend and a Catholic priest hope the Indiana Court of Appeals will rule that a lawsuit involving allegations of sexual abuse was filed too late. St. Joseph County Superior Court Judge George Beamer granted the defense permission to appeal to a higher court after the attorneys repeatedly attempted to have the lawsuit dismissed. The lawsuit alleges that Rev. Robert Mahoney sexually assaulted, battered, raped and abused Darren M. Robertson numerous times from 1981 to 1983 while he attended Our Lady of Hungary Elementary School in South Bend. Robertson, now in his mid-20s, filed the civil lawsuit in August 1992, 10 months after he said he first remembered the alleged crimes in the form of flashbacks. The time limit for filing such a lawsuit is two years from the date the injury is discovered. The defense contends that Robertson told his mother of the alleged misconduct in 1984. Prosecutor Michael Barnes said criminal charges were not filed in 1984 because of a lack of evidence.


Any original material on these pages is copyright © 2004. Reproduce freely with attribution.