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	Lawsuit against Diocese Moves Forward By Dan Wilson Post-Crescent July 16, 2008 http://www.postcrescent.com/apps/pbcs.dll/article?AID=/20080716/APC0101/80715170/1979/APCent APPLETON — Two brothers who say they were molested by a Catholic priest in 1978 will have their day in court, an Outagamie County circuit judge ruled Tuesday. Judge Nancy Krueger denied a request for a stay by the Diocese of Green Bay and its insurer. Todd and Troy Merryfield, who say the Rev. John Feeney molested them in 1978 when Feeney was the parish priest at St. Nicholas Catholic Church in Freedom, filed the suit Jan. 2. The Merryfields were 12 and 14 at the time of the assaults. “This case is going to go forward,” said John Peterson, the Merryfields’ attorney. Krueger also denied a request by the diocese and its insurer to split the civil lawsuit trial into two parts — one to determine the church’s liability and one to assign damages if they were awarded. The two parties wanted time to sort out issues related to the diocese’s insurance coverage, suggesting they disagree over who would pay if the Merryfields are awarded damages. Feeney, now 81, is serving a 15-year prison sentence for four sexual abuse convictions not related to the Merryfields’ claim. The suit claims that the church knew of Feeney’s predilections at the time he was assigned to St. Nicholas Catholic Church, and by not disclosing that information the church was guilty of committing fraud. Feeney served in 18 parishes in northeastern Wisconsin from 1952 to 1983. The Merryfields filed a lawsuit following a 2007 Supreme Court decision that sets the clock ticking on the statute of limitations at the date fraud was discovered, not the date of the fraud itself. Documents revealing the church’s knowledge of accusations against Feeney were uncovered in 2004 during Feeney’s criminal trial. Today, the Supreme Court is scheduled to issue a decision on the statute of limitations regarding negligence claims. The court is being asked to make a similar ruling that the statute of limitations clock starts ticking when negligence is discovered, not when it occurs. If the plaintiffs in that case prevail, it could allow more lawsuits to proceed against the church. Dan Wilson: 920-993-1000, ext. 304, or dwilson@postcrescent.com
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