Johnson v. Roman Catholic Church

844 So. 2d 65, 2003 WL 346459
CourtLouisiana Court of Appeal
DecidedFebruary 14, 2003
Docket2002 CA 0429
StatusPublished
Cited by4 cases

This text of 844 So. 2d 65 (Johnson v. Roman Catholic Church) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Roman Catholic Church, 844 So. 2d 65, 2003 WL 346459 (La. Ct. App. 2003).

Opinion

844 So.2d 65 (2003)

Robert M. JOHNSON, Joseph J. Johnson, Jr. Husband of/and Mary H. Johnson
v.
THE ROMAN CATHOLIC CHURCH FOR THE ARCHDIOCESE OF NEW ORLEANS; Sts. Peter and Paul Parish; Archbishop Frances B. Schulte; and Father Michael Fraser.

No. 2002 CA 0429.

Court of Appeal of Louisiana, First Circuit.

February 14, 2003.
Writ Denied May 9, 2003.

*66 Harry T. Widmann, Metairie, Counsel for Appellant Robert M. Johnson, Joseph J. Johnson, Jr., and Mary H. Johnson.

Don M. Richard, Metairie, Counsel for Appellee Archdiocese of New Orleans, Sts. Peter/Paul Parish, and Archbishop Francis B. Schulte.

Henry W. Kinney, Tara E. Clement, New Orleans, Counsel for Appellee Father Michael Fraser.

Before: FOIL, McCLENDON, and KLINE,[1] JJ.

KLINE, J.

This is an appeal from a judgment maintaining the defendants' peremptory exception raising the objection of prescription. For the following reasons, we reverse and remand.

FACTS AND PROCEDURAL HISTORY

According to plaintiffs' petition and appellate brief, Robert M. Johnson and his parents, Joseph and Mary Johnson, were members of Sts. Peter and Paul Church in Pearl River, Louisiana, in St. Tammany Parish. At the time of their membership, which had extended over several years, *67 Father Michael Fraser was the priest officiating at the church. In the late spring or early summer of the year 1991, when Robert was seventeen years old, his parents were having family difficulties, which included disagreements between Robert and his parents. Father Fraser offered to advise and assist the Johnson family members during their difficult times. Father Fraser offered to take Robert out of his family home to spend time at Father Fraser's home, owned by the church, because it would provide a cooling off period for the family. The petition alleges that Robert's parents accepted the offer and allowed Robert to spend at least one night, with permission to possibly spend additional time, with Father Fraser at his home. While at Father Fraser's home, Robert and his parents allege that Father Fraser sexually abused Robert. Robert was returned home the following morning.

On April 1, 1998, approximately seven years after the alleged incident, Robert and his parents filed suit against the Archdiocese of New Orleans and Sts. Peter and Paul Parish, Archbishop Francis B. Schulte, and Father Michael Fraser. On August 18, 1998, the Archdiocese and Sts. Peter and Paul Parish filed exceptions of prescription, no cause of action, and lack of subject matter jurisdiction. On August 27, 1998 Archbishop Schulte joined in these exceptions. Subsequently on November 9, 1998, Father Fraser filed exceptions of prescription and no cause of action. All of defendants' exceptions were heard on October 29, 2001. On November 2, 2001, the trial court issued a judgment granting the exception of prescription and pretermitting the remaining exceptions.

The basis for defendants' exception of prescription was that Robert and his parents filed their suit more than one year after the alleged sexual assault occurred. The parties focused their arguments on the meaning of "caretaker" in La. C.C. art. 3469, to which art. 3496.1 specifically refers, in an attempt to determine whether plaintiffs could avail themselves of the three-year prescriptive period and of the subsequently enacted ten-year prescriptive period. The trial court, in oral reasons for judgment, determined that Father Fraser was not a caretaker legally obligated to care for Robert.

The plaintiffs assign as error:

1. The Trial Court erred as a matter of law by concluding that Michael Fraser was not a caretaker and thus the claim of Robert Johnson was untimely.
2. The Court below erred as a matter of law by finding that contra non valentum did not apply to the claims of Joseph and Mary Johnson for intentional infliction of emotional distress and breach of fiduciary duty.

LAW AND DISCUSSION

PRESCRIPTIVE PERIODS

Robert M. Johnson was born February 21, 1974 and attained majority on February 21, 1992. The alleged tort or injury took place in the late spring or early summer of 1991 when he was seventeen years old. Louisiana Civil Code articles 3492, 3467, and 3468 provide as follows:

Art. 3492. Delictual actions

Delictual actions are subject to a liberative prescription of one year. This prescription commences to run from the day injury or damage is sustained. It does not run against minors or interdicts in actions involving permanent disability and brought pursuant to the Louisiana Products Liability Act or state law governing product liability actions in effect at the time of the injury or damage.

Art. 3467. Persons against whom prescription runs

*68 Prescription runs against all persons unless exception is established by legislation.

Art. 3468. Incompetents

Prescription runs against absent persons and incompetents, including minors and interdicts, unless exception is established by legislation.

The Legislature thus provided that a prescriptive period of one year is applicable and the action would have prescribed in the spring or early summer of 1992, unless there was a suspension of prescription and subsequent enactments which would allow the suit filed April 1, 1998 to be timely.

Louisiana Civil Code article 3469 did suspend prescription for certain classes of relationships including minors during their minority, to wit:

Art. 3469. Suspension of prescription

Prescription is suspended as between: the spouses during marriage, parents and children during minority, tutors and minors during tutorship, and curators and interdicts during interdiction, and caretakers and minors during minority.
A "caretaker" means a person legally obligated to provide or secure adequate care for a child, including a tutor, guardian, or legal custodian.
Acts 1982, No. 187, § 1, eff. Jan. 1, 1983. Amended by Acts 1988, No. 676, § 1. (Emphasis supplied.)

At the time of the alleged sexual assault in 1991, La. C.C. art. 3496.1 provided as follows:

An action by a person against a parent or caretaker for the infliction of abuse during minority is subject to a liberative prescription of three years. This prescription commences to run from the day the person attains majority. (Emphasis supplied.)

Louisiana Civil Code article 3496.1 was amended by Act 322 of 1992, and provides a three-year prescriptive period for an action against a person for "abuse of a minor."

An action against a person for abuse of a minor is subject to a liberative prescriptive period of three years. This prescription commences to run from the day the minor attains majority, and this prescription, for all purposes, shall be suspended until the minor reaches the age of majority. This prescriptive period shall be subject to any exception of preemption provided by law. (Emphasis supplied.)

In 1993, La. C.C. art. 3498.1 was enacted, effective June 25, 1993, to provide for a ten-year prescriptive period for an action against a person for "sexual abuse of a minor." Louisiana Civil Code article 3498.1, redesignated as La. R.S. 9:2800.9 by the Louisiana State Law Institute, is also pertinent:

A. An action against a person

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Bluebook (online)
844 So. 2d 65, 2003 WL 346459, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-roman-catholic-church-lactapp-2003.