VIRGINIA
Richmond Times-Dispatch
BY ALAN COOPER
TIMES-DISPATCH STAFF WRITER Jun 9, 2005
An amendment to the Virginia Constitution that extended the time for filing a sexual-abuse lawsuit applies only to individual abusers and not to their employers, a Richmond Circuit Court judge ruled yesterday.
The ruling by Judge Walter W. Stout III will apparently result in the dismissal of a lawsuit filed by Stephen Kopalchick, a 52-year-old Chester man who alleged that two priests abused him 40 years ago.
Two years ago, Kopalchick sued the Catholic Diocese of Richmond in addition to one of the priests, Andrew Roy, who has Alzheimer's disease and moved to Spain after retiring in 1981, and the estate of the other priest, Thomas M. Summers, who died in 1992 at age 73.
Edward L. Weiner, Kopalchick's attorney, had alleged that the diocese was liable because its officials were aware that the priests were pedophiles and moved them to different positions and locations when questions were raised about them.
Weiner said he expects to appeal Stout's ruling to the Virginia Supreme Court.
Under normal circumstances, the statute of limitations for such suits is two years, but an amendment to the constitution in 1994 and related legislation said the time does not begin to run until a victim of sexual abuse becomes aware that his or her injuries were caused by the abuse.
Posted by kshaw at June 9, 2005 06:17 AM