SMITH v. FREY

No. 00-638.

772 So.2d 367 (2000)

John SMITH & Jane Smith, Individually and on Behalf of their Minor Daughters Mary Smith & Betty Smith, & Mary Smith Individually v. Bishop Gerald L. FREY, et al.

Court of Appeal of Louisiana, Third Circuit.

November 2, 2000.


Attorney(s) appearing for the Case

L. Clayton Burgess, Attorney at Law, Lafayette, Louisiana, Luke Edwards, Attorney at Law, Lafayette, Louisiana, for plaintiffs/appellants John Smith & Jane Smith, Individually and on behalf of their minor daughters Mary Smith & Betty Smith, & Mary Smith Individually.

Charles W. Schmidt, III, Christovich & Kearney, New Orleans, Louisiana, for defendants/appellees Interstate Fire & Casualty Company & The Diocese of Lafayette.

Gilbert H. Dozier, Dozier & Tauzin, Lafayette, Louisiana, for defendants/appellees The Diocese of Lafayette, Bishop Gerald L. Frey, Vicar General Guy Lemoine, Father Gary J. Schexneyder, Father Steven Lawson, Monsignor H.A. Larroque, The Roman Catholic Church, St. Landry Parish in Opelousas, Louisiana and Dwight Hebert.

Paul B. Deal, Lemle & Kelleher L.L.P., New Orleans, Louisiana, for defendant/appellee Centennial Insurance Company.

C. Gordon Johnson, Jr., Porteous, Hainkel, Johnson & Sarpy, New Orleans, Louisiana, for defendant/appellee Certain Underwriters At Lloyd's of London.

William L. Goode, William L. Goode & Associates, Lafayette, Louisiana, Michael R. Mangham, Mangham, Hardy & Stevens L.L.P., Lafayette, Louisiana, for defendant/appellee William L. Goode & Associates.

Court composed of HENRY L. YELVERTON, ULYSSES G. THIBODEAUX and SYLVIA R. COOKS, Judges.


YELVERTON, J.

Mary Smith1 was one of the plaintiffs who, on April 23, 1986, filed a suit for damages against Bishop Gerald L. Frey, The Catholic Diocese of Lafayette, other churches, and church officials. The suit was based upon allegations that a church employee, Dwight Hebert, sexually molested Mary, and committed other torts, while she was a minor.

Mary turned 18 on November 16, 1984. Because the suit was not filed until more...

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