Rice v. Diocese Altoona-Johnstown
Decision Date | 21 July 2021 |
Docket Number | No. 3 WAP 2020,3 WAP 2020 |
Citation | 255 A.3d 237 |
Parties | Renee' A. RICE v. DIOCESE OF ALTOONA-JOHNSTOWN, Bishop Joseph Adamec (Retired), Monsignor Michael E. Servinsky, Executor of the Estate of Bishop James Hogan, Deceased, and Reverend Charles F. Bodziak Appeal of: Diocese of Altoona-Johnstown, Bishop Joseph Adamec (Retired), Monsignor Michael E. Servinsky, Executor of the Estate of Bishop James Hogan, Deceased |
Court | Pennsylvania Supreme Court |
Benjamin D. Andreozzi, Esq., Andreozzi & Associates, P.C. d/b/a Andreozzi + Foote, Harrisburg, Jeffrey Herman, Esq., Stuart Mermelstein, Esq., for Amicus Curiae The Survivors Network of Those Abused by Priests
Charles Lyman Becker, Esq., Appellate Practice Group, Marci A. Hamilton, Esq., Washington Crossing, David Kehm Inscho, Esq., Ruxandra Maniu Laidacker, Esq., Kline & Specter, PC, Jessica Schidlow, Esq., CHILD USA, Philadelphia, PA, for Amicus Curiae CHILD USA
Casey Alan Coyle, Esq., David Michael Laigaie, Esq., Eckert Seamans Cherin & Mellott, LLC, Pittsburgh, for Amicus Curiae Diocese of Scranton
David Russell Dye, Esq., Katherine Marie Fitz Patrick, Esq., Teresa Roos McCormack, Esq., Philip Joseph Murren, Esq., Ball, Murren & Connell, LLC, Harrisburg, for Amicus Curiae Pennsylvania Catholic Conference
David R. Fine, Esq., Stefanie Lacy, Esq., Mark A. Rush, Esq., K & L Gates LLP, for Amicus Curiae Roman Catholic Diocese of Erie
Matthew Hermann Haverstick, Esq., Mark Edward Seiberling, Esq., Joshua John Voss, Esq., Kleinbard LLC, Philadelphia, for Amicus Curiae Diocese of Greensburg
Stephanie Marie Morris, Esq., for Amicus Curiae National Center for Victims of Crime
Clifford Alan Rieders, Esq., Rieders, Travis, Humphrey, Waters & Dohrmann, Williamsport, for Amicus Curiae Pennsylvania Association for Justice
Eric North Anderson, Esq., Meyer, Darragh, Buckler, Bebenek & Eck, P.L.L.C., Pittsburgh, for Appellants Diocese of Altoona-Johnstown, Michael E. Servinsky, Joseph Adamec
Anthony J. Dick, Esq., John Daniel Goetz, Esq., Paul Michael Pohl, Esq., Jones Day, for Appellant Amicus Curiae The Catholic League for Religious and Civil Rights
Ralph Thomas Forr, Esq., Forr, Stokan, Huff, Kormanski, & Naugle, Altoona, for Appellee Charles F. Bodziak
Alan H. Perer, Esq., Swensen & Perer, P.C., Richard M. Serbin, Esq., Janet, Janet & Suggs, Philadelphia, for Appellee Renee A. Rice
OPINION
In this appeal, we address the proper application of the statute of limitations to a tort action filed by Renee’ Rice ("Rice") against the Diocese of Altoona-Johnstown and its bishops (collectively, the "Diocese") for their alleged role in covering up and facilitating a series of alleged sexual assaults committed by the Reverend Charles F. Bodziak. Rice alleged that Bodziak sexually abused her from approximately 1974 through 1981. She did not file suit against Bodziak or the Diocese until June 2016, thirty-five years after the alleged abuse stopped.
For the reasons set forth herein, we conclude that a straightforward application of Pennsylvania's statute of limitations requires that Rice's complaint be dismissed as untimely. Accordingly, we reverse the order of the Superior Court and reinstate the trial court's dismissal of the case.
Rice filed her initial complaint on June 20, 2016, asserting multiple claims, including breach of fiduciary duty, fraud, and conspiracy. Rice (born in 1967) and her family were members of St. Leo, a parish within the Altoona-Johnstown Diocese and she attended the affiliated Catholic school. First Amended Complaint, 8/16/2016, ¶¶ 21-23. Rice alleges that Father Bodziak was assigned to St. Leo's and began a "grooming" process which included taking Rice and other children on various youth activities. Id . ¶ 25. She contended that he first sexually assaulted her in 1974 when she was between eight or nine years old, placing his hand between her legs while the two were seated in a vehicle following one of these outings. Id . ¶ 26. She averred that he would routinely touch her private areas during subsequent outings, and on one occasion he kissed her and inserted his tongue into her mouth. Id . ¶¶ 27-28. At some unspecified point in time, Bodziak allegedly spoke to Rice's parents, requesting and receiving their permission to have Rice perform various chores at the rectory, where Bodziak resided. According to Rice, the assaults escalated at this point, as Bodziak would supply Rice with alcohol and then fondle her genitalia and kiss her. On one occasion, he allegedly inserted his fingers into her vagina. Id . ¶ 29. Bodziak assured Rice that the activities "were acceptable because he liked her and she was ‘special.’ " Id . ¶ 32. In her complaint, Rice alleged that these assaults initially occurred once or twice a month, and later rose to the level of approximately twice a week through 1981. Id . ¶ 33. Rice's complaint further alleged that Bishop Joseph Adamec served "as the Bishop or leader" of the Altoona-Johnstown Diocese from 1987 until 2011, while Bishop James Hogan filled that same role from 1966 through 1986. Id . ¶¶ 3-4. Rice alleged that both men were empowered to supervise and control all priests assigned to the diocese, including parish assignments. Id . ¶ 6.
Rice did not report Bodziak's abuse to the authorities until "the first half of 2006" when she "reported her history of sexual abuse by Bodziak to Defendants Adamec and the Diocese." Id . ¶ 43. By letter dated July 17, 2006, Bishop Adamec "invite[d] [Rice] to share that information through our diocesan process for reviewing allegations." Exhibit A to Complaint. The letter explained that Rice could seek assistance from Sister Marilyn Welch as a designated victims’ advocate, who would help present the cases to the Diocesan Allegation Review Board. Rice did not respond.
In early 2014, the District Attorney of Cambria County issued a referral to the Office of Attorney General regarding reports of sexual abuse occurring within the Diocese of Altoona-Johnstown. On March 1, 2016, the 37th Investigating Grand Jury issued a report finding that hundreds of children were victimized by over fifty individual priests or religious leaders. The grand jury determined that "Bishops James Hogan and Joseph Adamec ... took actions that further endangered children" by returning priests to the ministry/parishes "with full knowledge they were child predators." Grand Jury Report at 6. The report discussed the existence of " ‘secret archives’ ... used to hide scandalous information, such as sex abuse by priests." Id . at 8 ( ).
With respect to Bodziak in particular, the Report indicated that Bodziak had sexually abused other victims and that the Diocese had been made aware of these incidents. In her complaint, Rice averred that upon reading the Report, she learned for the first time "that the [Diocese] ha[s] a long history of protecting child predators at the expense of innocent and vulnerable children, and knew or should have known of Bodziak's sexual attraction to young children and his inappropriate physical contact with them." First Amended Complaint, 8/16/2016, at 46 (unnecessary capitalization omitted).
B. The Trial Court and Superior Court Opinions
Id . at 920. Accord Baselice v. Franciscan Friars Assumption BVM Province, Inc ., 879 A.2d 270, 277 (Pa. Super. 2005) (). The trial court granted the motion, agreeing that "as in Meehan and Baselice, it was always known to the Plaintiff that the causes of her alleged injury were the actions of Defendant Bodziak and the Diocese overseeing him." Trial Court Opinion and Order, 12/15/2017, at 10.
The Superior Court reversed. Rice v. Diocese of Altoona-Johnstown , 212 A.3d 1055 (Pa. Super. 2019). The court concluded that the "discovery rule" and "fraudulent concealment" both applied and reversed the trial court. For the discovery rule analysis, the court held that Rice alleged sufficient facts to place the issues of notice and diligence to the jury. The Superior Court accepted that the relevant chronological event was when Rice could have learned of the cover-up, and not simply knowledge of the abuses as held by Meehan . The Superior Court concluded that " Meehan , Baselice , and their progeny reviewed child-sexual-abuse allegations in [a] vacuum[,]" a practice forbidden by Nicolaou v. Martin , 649 Pa. 227, 195 A.3d 880 (2018),...
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