(CN) – Six brothers in their forties can proceed with claims that they were sexually abused by a Catholic priest in the 1970s, because the case has not exceeded the statute of limitations, a California appeals court ruled.
Terry Quarry and his brothers ranged in age from 43 to 49 when they claimed their adult psychological injuries were a result of childhood abuse. The brothers said they discovered the extent of their injuries in 2006.
The trial court agreed with the bishop’s contention that the statute of limitations on the claims had expired because the brothers did not bring their action during the one-year window in 2003 that opened to make claims from the past.
The 1st Appellate District Court of Appeal reinstated the case, ruling that the more expansive statue of limitations that was in place in 2006 allowed the brothers’ claims.
“Plaintiffs here had no case to bring that was barred by the current statute of limitations, because they had not discovered the cause of their psychological injuries prior to 2003,” Justice Rivera wrote.