SMITH v. ESTATE OF KELLY


778 A.2d 1162 (2001)

343 N.J. Super. 480

James J. SMITH and Sandra Smith; John F. Smith; Elizabeth A. Gorman; Alfia M. Hayes; Terrence M. Smith; T.S.; Steven M. Stolar; Steven Stolar; M.D.; J.F.D.; F.W.D.; R.M.B.; R.B.; Margaret Stanton; Diane Fetters-Murphy; Kathleen S. Palmer; Roxanne J. Angell and Troy A. Angell; Thomas Marshall; G.M.M.; Peter D. Pfister and Dorothy Pfister; R.I.N. and L.N.; Stephen M. Johnson; A.G.P.; G.P.; Roseann Piccioni; Denise Barcus, individually and as natural guardian for W.B., a minor; M.L., individually, and as parent and natural guardian for M.M., a minor; Linda Hegarty, individually, and as parent and natural guardian for E.H., a minor; Christine Pittman, individually, and as parent and natural guardian for S.P., a minor; Stephen Gandy; Robert Young; Philip Young; Joan Dougherty; and Gary Mauger, Plaintiffs, and Melissa Marshall, Plaintiff-Appellant, v. ESTATE OF Rev. John P. KELLY, individually; Our Lady Star of the Sea Roman Catholic Church, a religious corporation; Rev. Msgr. Joseph A. von Hartleben, individually; Rev. Francis Gaffney, individually; Rev. Joseph Martelli, individually; Catholic Charities of the Diocese of Camden, a religious corporation; Msgr. Timothy A. Ryan, individually; Maryanne Canale, individually; Msgr. William J. Reynolds, individually; St. Raymond Roman Catholic Church, a religious corporation; Rev. Msgr. Joseph W. Pokusa, individually; Estate of Rev. Msgr. Augustine T. Mozier, individually; Estate of Bishop Celestine J. Damiano, individually; Estate of Bishop George H. Guilfoyle, individually; Bishop James L. Schad, individually; Bishop James T. McHugh, individually; and Diocese of Camden, a religious corporation, Defendants-Respondents, and Rev. James P. McIntyre, individually; Estate of Rev. Msgr. Dennis J. Rigney, individually; Estate of Rev. Francis J. Flemming, individually; Rev. Msgr. Philip T. Rigney, individually; Rev. Msgr. Glendon E. Robertson, individually; St. Pius X, a religious corporation; Estate of Joseph P. Barber, individually; Our Lady of Mt. Carmel, a religious corporation; Rev. William C. O'Connell, individually; Rev. Norman T. Connelly, individually; Estate of Rev. Charles P. McColgan, individually; St. Peter Roman Catholic Church, a religious corporation; Rev. Joseph Shannon, individually; Rev. Msgr. Augustine J. Seidenberg, individually; St. Thomas Roman Catholic Church, a religious corporation; Brian Mai, individually; Sister Frances Regis, individually; Carolyn J. Noonan and Walter J. Noonan, Sr., individually; Rev. William Titmas, individually; Rev. John P. Bernard, individually; St. Gregory Roman Catholic Church, a religious corporation; St. Joseph Pro-Cathedral, a religious corporation; Rev. Joseph E. Orsini, individually; Rev. Joseph F. McGarvey, individually; St. Mary Magdalen, a religious corporation; Church of St. Maria Goretti, a religious corporation; Rev. Patrick Weaver, individually; St. Joan of Arc, a religious corporation; St. John, Collingswood, a religious corporation; St. Francis de Sales, a religious corporation; National Catholic Conference of Bishops; United States Catholic Conference, Incorporated; Archdiocese for the Military Services, United States of America; Military Vicariate, United States of America, a New York religious corporation; Military Vicariate United States of America; Bishop Louis Gelineau, individually; Bishop Kenneth A. Angell, individually; St. Mary's Church, Bristol, a religious corporation; and The Roman Catholic Bishop of Providence, a Corporation Sole, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided August 8, 2001.


Attorney(s) appearing for the Case

Stephen C. Rubino, Westmont, argued the cause for appellant, Melissa Marshall (Ross & Rubino, attorneys; Mr. Rubino, on the brief).

Gerard W. Quinn, Atlantic City, argued the cause for respondents, Rev. Msgr. Joseph A. von Hartleben, Rev. Francis Gaffney, Maryanne Canale, Msgr. William J. Reynolds, and St. Raymond's Catholic Church (Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, attorneys; Mr. Quinn, on the brief).

Joseph H. Kenney, Cherry Hill, argued the cause for respondents, Diocese of Camden and Catholic Social Services, Diocese of Camden (Kenney & Kearney, attorneys; William J. DeSantis, on the brief).

Joseph D. O'Neill, Vineland, for respondent Bishop James T. McHugh joins in the brief of respondents Rev. Msgr. Joseph A. von Hartleben, Rev. Francis Gaffney, Maryanne Canale, Msgr. William J. Reynolds, and St. Raymond's Catholic Church and the brief of respondents Diocese of Camden and Catholic Social Services, Diocese of Camden.

Lentz & Gengaro, West Orange, for respondents Estate of Bishop George H. Guilfoyle, Estate of Archbishop Celestine J. Damiano, and the Estate of Monsignor Augustine T. Mozier, join in the brief of respondents Rev. Msgr. Joseph A. von Hartleben, Rev. Francis Gaffney, Maryanne Canale, Msgr. William J. Reynolds, and St. Raymond's Catholic Church and the brief of respondents Diocese of Camden and Catholic Social Services, Diocese of Camden.

Hueston, McNulty & Mueller, Florham Park, for respondent Estate of the Reverend John P. Kelly, join in the brief of respondents Diocese of Camden and Catholic Social Services, Diocese of Camden.

Archer & Greiner, Flemington, for respondents Bishop James L. Schad, Monsignor Joseph W. Pokusa, Monsignor Timothy L. Ryan, and Our Lady Star of the Sea Church, join in the brief of respondents Diocese of Camden and Catholic Social Services, Diocese of Camden.

Before Judges HAVEY, CUFF and LISA.


The opinion of the court was delivered by LISA, J.A.D.

In this appeal we consider only the case of plaintiff, Melissa Marshall1 (plaintiff). She is one of many plaintiffs who have brought this class action2 against numerous entities and clergy of the Roman Catholic Church (defendants). The putative class of plaintiffs are Roman Catholics who were allegedly sexually...

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