SCHMIDT v. ARCHDIOCESE OF PORTLAND

020403531; A124850.

180 P.3d 160 (2008)

218 Or. App. 661

David SCHMIDT, Plaintiff-Appellant, and N.M., Plaintiff, v. ARCHDIOCESE OF PORTLAND IN OREGON, an Oregon corporation; Roman Catholic Archbishop of Portland in Oregon, dba Archdiocese of Portland in Oregon and Roman Catholic Archbishop of Portland in Oregon, and successors, a corporation sole; Mt. Angel Abbey, an Oregon not for profit corporation and Louis Charvet, Defendants-Respondents, and Swiss-American Congregation of the Ordo Sancti Benedicti, Defendant.

Court of Appeals of Oregon.

Decided March 19, 2008.


Attorney(s) appearing for the Case

Erin K. Olson argued the cause for appellant. On the opening brief was David Slader, Portland. On the reply brief were David Slader, Kelly W.G. Clark, Kristian Roggendorf, and O'Donnell & Clark LLP.

James N. Finn, Portland, argued the cause for respondent Archdiocese of Portland and Roman Catholic Archbishop of Portland in Oregon. On the brief were Thomas Dulcich, Margaret Hoffmann, Sara Kobak, Portland, and Schwabe, Williamson & Wyatt, P.C.

John T. Kaempf, Portland, argued the cause for respondent Mt. Angel Abbey and Louis Charvet. With him on the brief were Richard J. Whittemore, Portland, and Bullivant Houser Bailey P.C.

Before ORTEGA, Presiding Judge, and EDMONDS and ARMSTRONG, Judges.


ORTEGA, P.J.

Plaintiff initiated an action in tort against the Catholic Archdiocese of Portland, Mt. Angel Abbey, and Charvet, a former priest at the abbey.1 The action was based on plaintiff's allegations that Charvet masturbated in his presence on one occasion during plaintiff's freshman year of high school at Mt. Angel Seminary and that another priest, Frank, who is now deceased, sexually assaulted him when he was seven or eight years...

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