A State Supreme Court Opinion Allows a Clergy Child Sex Abuse Case to Go Forward, But Makes a Mess of Tort Law in the Process
Nashville, Tennessee -
Last week, the Supreme Court of Tennessee reinstated a clergy child sex abuse lawsuit against the Roman Catholic Diocese of Nashville. In the lawsuit, the plaintiffs claim that the Diocese should be held liable for injuries caused by a former priest, even though who was not in the employ of the church when he molested two young boys.
The suit - entitled John Doe 1 ex. rel., Jane Doe 1, et. al. v. Roman Catholic Diocese of Nashville, et al. - will now go forward in state trial court unless, of course, a settlement is reached.
Given the facts of the case, it is easy to see what the court wanted to give the plaintiffs a chance to go before a jury. The Tennessee Supreme Court's decision might have been motivated by sympathy, but along the way it made a mess of the tort law.
The cases arise from the actions of Edward McKeown. McKeown served as a priest in the Diocese from 1970 to 1989. The two plaintiffs, however, met McKeown in the 1990s -- after he had returned to life as a layperson. (The mother of one of the boys - who are known only as John Does 1 and 2 -- is also a plaintiff.)
McKeown came into contact with both boys while he lived in a mobile home community and had various non-religious jobs. He began abusing one boy in 1994, and the other in 1995. Currently, McKeown is serving time in prison for numerous count of child sexual abuse.
The plaintiffs allege that McKeown abused an unknown number of minors -- not including themselves -- while he was in the service of the Catholic Church in Nashville, and that the Diocese knew about these activities. Apparently, the Diocese tried to help McKeown but ultimately expelled him from the priesthood because of his criminal activities.
Read the article at FindLaw dated Jan. 24, 2005
Last week, the Supreme Court of Tennessee reinstated a clergy child sex abuse lawsuit against the Roman Catholic Diocese of Nashville. In the lawsuit, the plaintiffs claim that the Diocese should be held liable for injuries caused by a former priest, even though who was not in the employ of the church when he molested two young boys.
The suit - entitled John Doe 1 ex. rel., Jane Doe 1, et. al. v. Roman Catholic Diocese of Nashville, et al. - will now go forward in state trial court unless, of course, a settlement is reached.
Given the facts of the case, it is easy to see what the court wanted to give the plaintiffs a chance to go before a jury. The Tennessee Supreme Court's decision might have been motivated by sympathy, but along the way it made a mess of the tort law.
The cases arise from the actions of Edward McKeown. McKeown served as a priest in the Diocese from 1970 to 1989. The two plaintiffs, however, met McKeown in the 1990s -- after he had returned to life as a layperson. (The mother of one of the boys - who are known only as John Does 1 and 2 -- is also a plaintiff.)
McKeown came into contact with both boys while he lived in a mobile home community and had various non-religious jobs. He began abusing one boy in 1994, and the other in 1995. Currently, McKeown is serving time in prison for numerous count of child sexual abuse.
The plaintiffs allege that McKeown abused an unknown number of minors -- not including themselves -- while he was in the service of the Catholic Church in Nashville, and that the Diocese knew about these activities. Apparently, the Diocese tried to help McKeown but ultimately expelled him from the priesthood because of his criminal activities.
Read the article at FindLaw dated Jan. 24, 2005
posted by God Almighty Himself at 5:22 PM
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