Lourdes High School, Rochester Catholic Schools dropped from lawsuit regarding former priest
Oct. 4—ROCHESTER — As the latest development in a complex legal proceeding, Lourdes High School and Rochester Catholic Schools have been released from a
lawsuit regarding the actions
of a former priest.
Although the lawsuit was filed in July, it originally was drafted in 2016. Shortly thereafter, it was essentially put on hiatus during the intervening years when the Diocese of Winona-Rochester filed for bankruptcy after confronting an onslaught of similar cases.
"This case was brought in 2016 with over 100 others," said Josh Peck, an attorney with the firm Jeff Anderson and Associates, which is working on behalf of the victim in the case. Peck clarified, however, that the parties agreed to just serve the case at the time and not file it while they worked through mediation. "In 2018, the Diocese filed bankruptcy. Once you file bankruptcy, any litigation stops."
The case got resurrected, though, when one of the insurance agencies connected to the group litigation refused to pay.
Even though the case was separated out to be litigated individually, both Lourdes High School and Rochester Catholic Schools were released as defendants, meaning the case is moving forward solely against the Diocese of Winona-Rochester.
"We had asked for permission to take some of these cases out of the bankruptcy and litigate them since we weren't going to be able to reach a resolution with the insurance company," Peck said. "We can proceed as if there's no bankruptcy at this point — just keep moving the case forward toward resolution."
However, even though the case is being litigated individually, it could eventually circle back to the bankruptcy. If the Diocese is found guilty and a financial judgment granted, that money would go to the bankruptcy fund rather than the individual plaintiff of this specific case.
Peck said the process essentially boils down to being a way to force the insurance company to pay through the courts since it refused to do so through the mediation process.
"They wrote the contracts that insured this Diocese for negligence," Peck said. "The Diocese has already contributed their own money to the bankruptcy trust to pay survivors, but their insurance company has not lived up to their obligations in reimbursing the Diocese."
The particular case revolves around the actions of now-deceased former priest Joseph Cashman. The lawsuit's complaint claims Cashman "engaged in unpermitted sexual contact" with a male student from approximately 1972 to 1974. The plaintiff was 14 to 16 years old at the time, meaning he would be in his mid-60s today.
When the specific case pertaining to Cashman's actions was filed in July, the Diocese of Winona-Rochester said it could not comment on pending litigation outside of a brief statement.
"This litigation was expected and contemplated in the Diocesan bankruptcy case," the statement said. "The Diocese of Winona-Rochester has completed its financial obligations resulting from bankruptcy and is committed to ensuring a safe environment for staff and all of those entrusted to its care."
