Priest and Parish Sued Despite Diocese Bankruptcy

A priest abuse case that has been postponed for a year due to a diocese bankruptcy, filed by John M. Vai against defrocked priest Francis DeLuca and the St. Elizabeth Roman Catholic Parish in Wilmington, has now been allowed to proceed, as reported by The News Journal for Delaware Online.

A bankruptcy filing by the Diocese of Wilmington put approximately 150 cases on hold. This case, along with a half dozen or so others, have been allowed to move forward as U.S. Bankruptcy Judge Christopher Sontchi ruled in August that since the diocese was dropped as a defendant, lawsuits can be filed against individual defendants, and parishes, as they are considered to be separate entities from the diocese. 

Vai, 58, originally filed in July of 2008.  He claims to have been sexually abused as an altar boy, and parishioner, by DeLuca at St. Elizabeth's in the late 1960's.

According to attorneys, DeLuca has already admitted, under oath, to molesting Vai and other boys.  He has also been convicted of sexually abusing a child in New York state.

The suit was filed in Kent County Superior Court under the Delaware Child Victims Act of 2007.

This case, and its outcome - namely its settlement amount - is being used as a yardstick for the liability and damages of individual parishes and priests when a diocese is bankrupt. 

The outcome also may have an impact on diocesan bankruptcy proceedings. Many other similar civil lawsuits are pending that seek both settlements, and, resolutions.

There are seven more cases naming DeLuca as the defendant that, though held from trial a year ago, are all set for trial now.

Vai's testimony as to the physical and psychological harm he sustained- stating that the trial's delay caused further suffering - were contributing factors in Sonchi's decision.

Being raised Catholic, Vai saw all priests as authority figures, deserving of respect and acquiescence.  And, at first, Vai was pleased with the attention DeLuca paid to him.

Vai, in an emotional testimony, stated that he now realizes that he was "courted" and groomed by DeLuca just to prepare him for the sexual abuse that would continue for several years.  He said that "the closer we got, the stranger the relationship got." 

Instead of having the trial behind him, after it was called off a year ago it just felt that he was on a "lazy Susan." 

DeLuca is not expected to be at the proceedings. DeLuca's attorney, Stephen Casarino, claims that DeLuca is suffering from health issues, legal woes and depression, all of which will keep him from traveling from his home in Syracuse to testify at trial. 

If DeLuca fails to appear at court, Superior Court President Judge James T. Vaughn Jr. ruled that parts of his sworn deposition can be used instead.

If you or a loved one has been the victim of priest abuse, whether your diocese is bankrupt or not, click here to contact a personal injury lawyer in our directory for help with your case.