F.G. v. MacDONELL


150 N.J. 550 (1997)

696 A.2d 697

F.G., PLAINTIFF-RESPONDENT, v. REVEREND ALEX MacDONELL, IN HIS CAPACITY AS FORMER RECTOR, AND REVEREND FLETCHER HARPER, IN HIS CAPACITY AS RECTOR OF ALL SAINTS' EPISCOPAL CHURCH, BERGENFIELD, NEW JERSEY AND ST. LUKE'S EPISCOPAL CHURCH, HAWORTH, NEW JERSEY, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 22, 1997.


Attorney(s) appearing for the Case

Gregory D. Winter argued the cause for appellant Reverend Alex MacDonell (Felzenberg, Winter & Winkler, attorneys).

David S. Rutherford, a member of the New York bar, argued the cause for appellant Reverend Fletcher Harper (Renzulli, Gainey & Rutherford, attorneys).

Alan L. Zegas and Herbert D. Friedman, a member of the Massachusetts bar, argued the cause for respondent (Mr. Zegas, attorney; Mr. Friedman and Sharon J. Bittner, on the brief).

Martin F. McKernan, Jr., submitted briefs on behalf of amicus curiae New Jersey Catholic Conference (McKernan, McKernan & Godino, attorneys; Mr. McKernan and James J. Godino, Jr., on the briefs).

Douglas E. Arpert and Sanford D. Brown joined in the briefs submitted by The New Jersey Catholic Conference on behalf of amici curiae Bishop Alfred Johnson, Northern New Jersey Annual Conference of the United Methodist Church and Southern New Jersey Annual Conference of the United Methodist Church (Evans Hand and Cerrato, Dawes, Collins, Saker & Brown, attorneys).


The opinion of the court was delivered by POLLOCK, J.

This appeal presents two issues. The first issue is whether a parishioner's allegation of an inappropriate sexual relationship between a clergyman and the parishioner states a cause of action when the relationship occurs while the clergyman is providing pastoral counseling to the parishioner. Second, we must decide whether the parishioner may maintain a cause of action against another clergyman who allegedly publicized...

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