FEARING v. BUCHER

(CC9412-08665; CA A89144; SC S44382)

977 P.2d 1163 (1999)

328 Or. 367

Steven FEARING, Petitioner on Review, v. Melvin BUCHER and Archdiocese of Portland in Oregon, Respondents on Review, and Province of St. Barbara, Order of Friars Minor, a California corporation, and Franciscan Friars of California, Defendants.

Supreme Court of Oregon.

Decided April 8, 1999.


Attorney(s) appearing for the Case

Kelly Clark, Lake Oswego, argued the cause and filed the briefs for petitioner on review.

Arden E. Shenker, Portland, argued the cause for respondent on review Melvin Bucher.

Karen O'Kasey, Portland, argued the cause and filed the brief for respondent on review Archdiocese of Portland in Oregon.

David Slader, Portland, argued the cause for amici curiae Oregon Trial Lawyers Association, Oregon Coalition Against Domestic and Sexual Violence, National Alliance of Sexual Assault Coalitions, and National Association of Counsel for Children. With him on the brief was Michael S. Morey.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and KULONGOSKI, Justices.


GILLETTE, J.

This case arises out of allegations by plaintiff that, as a minor, he was sexually abused by his priest in the early 1970s. The case presents two issues. The first concerns whether the doctrine of respondeat superior, pursuant to which an employer can be held vicariously liable for the acts of its employee, can be applied to a case involving an employee's sexual abuse of a child. The second concerns the applicability of an extended statute of limitations...

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