WILMINGTON -- The pain could there is no factual or legal get worse for St. Elizabeth basis for Vai's attorneys to Roman Catholic Parish. seek the additional money. Post-trial motions indicate "You can be sure we will the city church -- which also vigorously oppose this has elementary and high unfounded request," Reardon schools -- may be liable for said. $6 million to $7 million more Vai attorney Thomas S. than the $3 million awarded Neuberger, who is to plaintiff John Vai on Nov. representing plaintiffs in 30, because parish attorneys the vast majority of the more declined to settle the case than 80 priest abuse cases, before trial for $1.5 million. responded, stating that a It is a legal wrinkle that jury found St. Elizabeth raises stakes for other Parish -- through its parishes, schools and inaction -- to be complicit religious orders facing in DeLuca's abuse of Vai from priest abuse lawsuits allowed 1966 to 1969 and that the by the Delaware Child Victims only reason the jury did not Act, potentially exposing impose significant punitive them to millions more in damages on top of the $3 damages. million compensatory award is Under Delaware law, if a because parish officials plaintiff's offer to settle a begged for mercy. case before trial for a "[St. Elizabeth] showed no specific sum is turned down mercy to John Vai during the and the plaintiff goes on to liability phase of the trial, win a judgment of more than " Neuberger said. "They that amount, he or she is contended he was a liar. They entitled to receive interest attacked his daughter as a on the amount awarded back to druggie. They made him open the date of the acts that the wounds that were caused injury, which in Vai's inflicted so many years ago," case is more than 40 years. he said. "That is standard procedure Attorneys for St. Elizabeth, in any good personal-injury in a court motion, estimated firm," said Tom Reed, a that 43 years of interest at retired Widener Law School 5.75 percent on $3 million professor, adding it was a would yield at least $7.5 smart move by Vai's attorneys million to as much as $32 to make such an offer. "I million, if the court don't see anything sinister calculates compound interest. there. It is just the way we Neuberger said those numbers, practice law here in Delaware. particularly the $32 million, " is "histrionic" and estimated Reed said the development the interest involved would "may increase the number of likely be 5 percent and settlements outright," as closer to $6 million. others seek to avoid what is Reed said the case brings up happening to St. Elizabeth. an unusual interplay between "There are a lot of the Delaware Child Victims ramifications to this lawsuit, Act -- which suspended the " he said. civil statute of limitations There are some 150 pending to allow victims of childhood lawsuits or claims alleging sexual abuse such as Vai to abuse by priests in the sue for acts that occurred Diocese of Wilmington, with decades ago -- and a state 80 of them also naming a law designed to "reduce court parish as a defendant. All congestion" by encouraging lawsuits involving the defendants to settle rather diocese have been put on hold than face losing a case at because of bankruptcy trial. proceedings, but some (3 of 3) lawsuits against individual "It is fair to say the parishes have been allowed to Legislature probably didn't go forward because the contemplate anything like parishes are considered this. But it did intend to separate corporate entities. benefit someone who suffered Jury selection is set to a terrible wrong and had a start Monday in the priest right to sue," Reed said. "It abuse case brought by Joseph is a policy question and that Curry against St. Dennis is why we have a [state] Church in Galena, Md. -- Supreme Court. I can't see which is part of the Roman the Superior Court settling Catholic Diocese of this definitively," Reed Wilmington -- and attorneys concluded. are set to meet Tuesday with Neuberger said things have Superior Court President been "quiet" since the Vai Judge James T. Vaughn Jr. to verdict and he hasn't seen pick a trial date for the any movement in deadlocked lawsuit filed by Felix negotiations to reach a Flanigan against St. John the global settlement. Beloved Parish of Wilmington. Diocese attorney Tony Flynn (2 of 3) disagreed. "There have been Flanigan's case could be a settlement negotiations virtual replay of Vai's in ongoing including as recently that the same abuser is as last week," he said, involved -- defrocked priest adding that no deal has been Francis DeLuca, who admitted reached. to molesting Flanigan in the He also noted that the 1960s just as he admitted diocese is in the process of abusing Vai, according to filing a new bankruptcy plan attorneys. that will address the St. Elizabeth Parish attorney objections raised by abuse Mark Reardon this week survivors' attorneys to the expressed outrage that Vai's previous plan and takes into attorneys are now seeking account the recent jury interest on the $3 million verdict in the Vai case. that a jury ordered the While the Delaware Supreme parish to pay Vai as part of Court heard a challenge to a $60 million judgment the legality of the Delaware against DeLuca. Child Victims Act earlier "Vai told the jury he did not this month, which could file the lawsuit for money. potentially result in the If this is not about the dismissal of the 150 pending money, then why is he lawsuits, Flynn said the pursuing this? We wanted to diocese is not waiting on a believe him," Reardon said. ruling in that case before He called the request taking action. "That could be "unprecedented" and months," he said. "ridiculous" and argued that
Tags: abuse, clergy, Delaware, interest, Million, parish
