TALLAHASSEE – The Florida Supreme Court on Thursday rejected a ask for by the Archdiocese of Miami to consider up a dispute involving allegations that a priest sexually abused a boy or girl.
Justices, as is typical, did not reveal their factors for declining to hear the scenario.
The archdiocese preferred justices to overview a conclusion by the 3rd District Courtroom of Charm that authorized the alleged sufferer to go after a declare of intentional infliction of psychological distress versus the archdiocese.
The lawsuit alleges that the plaintiff, determined as John Doe 1, was sexually abused dozens of moments between 1999 and 2001, when he was 7 to 9 several years previous, in accordance to a March 22 decision by a 3-choose panel of the South Florida appeals court docket.
The case names as a defendant the archdiocese and not the priest.
The appeals court docket rejected aspect of the lawsuit alleging negligence by the archdiocese, citing a four-yr statute of restrictions on negligence claims.
The lawsuit was filed in 2021 when the alleged sufferer was 29. But the appeals court overturned a circuit judge’s ruling that dismissed the intentional infliction of psychological distress declare.
It pointed to the interaction of two guidelines, which includes a 2010 legislation that lifted sure time constraints on instances involving sexual battery on victims less than age 16. When the appeals court claimed the negligence claim was barred by a statute of limits, the declare of intentional infliction of emotional distress was not.
It also said the case could be introduced in opposition to an “establishment” – not just an personal. In a brief filed in June at the Supreme Courtroom, attorneys for the archdiocese argued that the March choice conflicted with a 2016 ruling by the 4th District Court docket of Charm and that such conditions could only be submitted from unique abusers and not companies.
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