John Doe 203 v. Archdiocese of Philadelphia

31 Pa. D. & C.5th 83
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedJune 13, 2013
DocketNo. 1935
StatusPublished
Cited by1 cases

This text of 31 Pa. D. & C.5th 83 (John Doe 203 v. Archdiocese of Philadelphia) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Doe 203 v. Archdiocese of Philadelphia, 31 Pa. D. & C.5th 83 (Pa. Super. Ct. 2013).

Opinion

MASSIAH- JACKSON, J.,

— In 2012, ten individuals filed nine lawsuits seeking money damages for injuries sustained as a result of sexual abuse they suffered while they were minors. In each case the Archdiocese of Philadelphia has been named as a defendant. Other named defendants include certain schools, parishes and priests as specified by each plaintiff.

The defendants filed preliminary objections to all complaints pursuant to Rule 1028(a)(2) and Rule 1028(a) (4) of the Rules of Civil Procedure. The purpose of this memorandum is to address the common issues raised by the parties. For the reasons which follow orders will be filed in each case which sustain in part and overrule in part the preliminary objections.

A. The Preliminary Objections to Strike Certain Allegations per Rule 1028(a)(2) are Overruled in Part and Sustained in Part.

Rule 1028(a)(2) provides that a court may sustain preliminary objections in the form of a motion to strike for the “inclusion of scandalous or impertinent matter.” Allegations are considered scandalous and impertinent if they are immaterial and inappropriate to the proof of [86]*86the cause of action or bears negatively on the character of the defendant. Common Cause/Pa. v. Commonwealth, 710 A.2d 108, 115 (Pa. Commonwealth Ct. 1998); Dept. of Environmental Resources v. Peggs Run Coal Co., 423 A.2d 765 (Pa. Commonwealth Ct. 1980).

In this case, the plaintiff has relied on numerous references to the 2005 and 2011 Philadelphia Grand Jury Reports, the Victim’s Assistance Coordinator and the victim’s assistance program. In many paragraphs of the complaint, the plaintiff is pleading evidence and not the facts upon which the specific complaint is based. Such a pleading is inappropriate. The plaintiff acknowledges at page 14:

“Plaintiff’s complaint cites the two grand jury reports for detailed allegations to support his causes of action, but only through discovery will the parties discover the true nature of the relationship between the defendants....”

A complaint must formulate the issues by only summarizing those facts essential to support the claim. Accordingly, where a complaint includes allegations and procedures in situations not specific to this plaintiff and/or cast a derogatory light on the defendants, those statements are inappropriate and have no place in a pleading.

At this juncture, the plaintiff’s complaint will proceed on four counts: count I — childhood sexual abuse and vicarious liability, count II — negligence, count III — negligent supervision, and, count IV — fraudulent [87]*87concealment. To the extent that defendants have challenged counts I, II, III and/or IV, the law says that if there is any doubt the demurrer should be overruled. Generally a principal is liable to third parties for actions committed by an agent even though the principal asserts he did not know of such conduct. See, Aiello v. Ed Saxe Real Estate, Inc., 499 A.2d 282 (Pa. 1985), where the Supreme Court reaffirmed the public policy to protect an “innocent third party”. 499 A.2d at 287:

“Today we reaffirm the longstanding and widely held rule of law that a principal is liable to innocent third parties for the frauds, deceits, concealments, misrepresentations, torts, negligences and other malfeasances or misfeasances of his agent committed in the course of his employment, although the principal did not authorize, justify or participate in, or indeed know of, such misconduct, or even if he forbade the acts or disapproved of them.” (footnotes omitted)

See also, Shaffer v. Smith, 673 A.2d 872 (Pa. 1996), criminal conviction serves as a basis for collateral estoppel in a civil trial; W.C. Hurtt v. Stirone, 206 A.2d 624 (Pa. 1965), criminal conviction is exclusive evidence of certain facts; Columbia Medical Group, Inc. v. Herring & Roll, PC., 829 A.2d 1184 (Pa. Superior Ct. 2003), criminal conviction serves as collateral estoppel of certain facts. None of these factors above shift or negate the plaintiff’s burden of proof to establish the causes of action entitling him to relief.

To state a cause of action for negligence, the plaintiff [88]*88must establish (1) a duty or obligation recognized by the law, (2) a breach or failure to conform to the standard of care required, (3) the causal connection between the breach and the resulting harm, and, (4) actual loss or damages. Reardon v. Allegheny College, 926 A.2d 477 (Pa. Superior Ct. 2007); Johnson v. Walker, 545 A.2d 947, 949 (Pa. Superior Ct. 1988). The appellate courts have recognized that a plaintiff may proceed against a defendant on theories of direct and vicarious liability. Certain paragraphs and sub-parts challenged by the individual and archdiocese defendants are necessary to the proofs for the causes of actions, thus the preliminary objections will be overruled.

In Scampone v. Highland Park Care Center, LLC, 51 A.3d 582 (Pa. 2012), the Supreme Court noted at 597:

“To prove negligence, a plaintiff may proceed against a defendant on theories of direct and vicarious liability, asserted either concomitantly or alternately. Liability for negligent injury is direct when the plaintiff seeks to hold the defendant responsible for harm the defendant caused by the breach of a duty owing directly to the plaintiff. By comparison, vicarious liability is a policy-based allocation of risk. Crowell v. City of Philadelphia, 531 Pa. 400, 613 A.2d 1178, 1181 (1992). ‘Vicarious liability, sometimes referred to as imputed negligence, means in its simplest form that, by reason of some relation existing between A and B, the negligence of A is to be charged against B although B has played no part in it, has done nothing whatever to aid or encourage it, or indeed has done all that he possibly can to prevent [89]*89it.’ Id. (quoting Prosser and Keeton on Torts § 69, at 499 (5th Ed. 1984)). Once the requisite relationship {i.e., employment, agency) is demonstrated, ‘the innocent victim has recourse against the principal,’ even if ‘the ultimately responsible agent is unavailable or lacks the ability to pay.’ Mamalis v. Atlas Van Lines, Inc., 522 Pa. 214, 560 A.2d 1380, 1383 (1989); accord Crowell, 613 A.2d at 1182 (vicarious liability is policy response to ‘specific need’ of how to fully compensate victim).”

Similarly, in R.A. v. First Church of Christ, 748 A.2d 692 (Pa. Superior Ct. 2000), the Superior Court held that Pennsylvania tort law imposes on an employer/master the duty to exercise reasonable care in selecting, supervising and controlling employees. Compare, Restatement (Second) of Agency §213 with Restatement (Second) of Torts §317. In the R.A. case, supra

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31 Pa. D. & C.5th 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-doe-203-v-archdiocese-of-philadelphia-pactcomplphilad-2013.