UNITED STATES
McDermott, Will & Emery
January 23, 2012
The provision of financial assistance to victims of clergy sexual abuse seeking to obtain mental health counseling and treatment may result in civil liability for religious and other organizations undertaking such aid if precautions are not observed. This newsletter highlights how Pennsylvania law has recently been applied and issues organizations in every state should consider before stepping into the role of Good Samaritans.
On September 29, 2011, the Superior Court of Pennsylvania issued a decision in Unglo v. Zubik, No. 1749 WDA 2010, 2011 PA Super 207 (Sup. Ct. PA Sept. 29, 2011), addressing the issue of whether a religious organization that gratuitously undertakes to provide financial assistance to a victim of clergy sexual abuse, and then unilaterally terminates that assistance is liable for damages incurred by the victim after the termination of the assistance. The court held that an entity that provides financial assistance is not obligated to continue that aid indefinitely. Rather, that assistance may be discontinued as long as the recipient is not left in a worse position than when the aid began. The Unglo case raises questions about the nature of so-called Good Samaritan laws and the liability implications for religious organizations that voluntarily undertake to provide financial assistance for mental health counseling and treatment to victims of clergy sexual abuse.
Factual Background
Michael Unglo was a victim of sexual abuse at the hands of a Catholic priest from 1982 to 1985, while he was a student at All Saints School and an altar boy at All Saints Church. In June 2008 Mr. Unglo attempted to take his life. In response to outreach by Mr. Unglo’s family in December 2008, the Roman Catholic Diocese of Pittsburgh committed to pay for counseling and treatment services for Mr. Unglo. This decision was based in large part on the fact that there was no question surrounding the credibility of Mr. Unglo’s allegations against the priest whom he named as his abuser. The priest was known to the diocese as a pedophile and had previously been convicted of molesting another boy. Despite the diocese’s commitment to Mr. Unglo’s treatment, he again attempted suicide in June 2009.
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