JOHN SMITH, JAMES SMITH, AND TOM SMITH, ALL FICTITIOUS NAMES FOR NATURAL PERSONS, APPELLANTS,
v.
NORBERT DORSEY, AS BISHOPS OF THE CATHOLIC DIOCESE, ETC., ET AL, APPELLEES
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Three young men sued the Catholic Diocese and a psychologist after being sexually abused by Thomas Pagni, a former priest-turned-counselor. The court affirmed summary judgment against the Diocese, finding the connection between financial assistance for Pagni's education and the later abuse too speculative, but reversed dismissal of claims against the psychologist Saunders for deceiving state licensing authorities about Pagni's background.
The Diocese was not liable because the causal connection between its financial assistance and the later abuse was too speculative and the Diocese could not foresee that Pagni would be hired by Crosswinds without the state checking his background. However, Saunders was potentially liable for deceiving the state licensing authority in violation of Florida Statutes section 491.009(1), (2), thereby enabling Pagni's licensure as a counselor who would work with youths.
[1] A defendant is not liable for injuries caused by a criminal who commits a criminal act years after receiving financial assistance to obtain a degree, absent allegations t…
[2] A party who creates a "zone of risk" is not responsible for injuries occurring within that zone when the connection between the alleged bad conduct and the injuries is sp…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“We are not willing to hold that one who makes it possible for a criminal, even a pedophile, to receive a college education is thereafter liable when years later, even if using the degree thus obtained, such person commits a criminal act.”
Establishes the court's holding that the Diocese's financial assistance for Pagni's education did not create sufficient foreseeability of liability for later abuse.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThomas Pagni, a known pedophile, was removed from the priesthood. The Diocese provided him financial assistance to complete a degree in psychology/cou…
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HARRIS, J.
Three young men, plaintiffs in this consolidated appeal, were sexually abused by Thomas Pagni, a former Catholic priest, long after he left the Church and while he was a counselor with Crosswinds. They sued the Diocese and individual priests on the theory that such defendants were liable because when Pagni, a known pedophile, was removed from the priesthood, such defendants, consistent with the Diocese’s responsibility to assist a former priest prepare to reenter secular life, provided financial assistance to Pagni in order for him to complete a degree in psychology/eounseling. Several years after this financial assistance and after Pagni obtained his degree and became licensed by the State as a counselor, and after Pagni was employed by Crosswinds, he abused these plaintiffs. It is plaintiffs’ contention that “but for” this financial assistance, Pagni would not have received a degree, would not have become a counselor, would not have been licensed by the State, would not have become employed by Crosswinds and would not have abused these plaintiffs. Plaintiffs rely on McCain v. Florida Power Corp., 593 So. 2d 500 (Fla.1992), for the proposition that when one creates a “zone of risk,” he is responsible for any injuries occurring within that zone. Because the connection between the Diocesan defendants’ alleged bad conduct and the injuries to the plaintiffs is so speculative, we find McCain inapplicable to this case.
We are not willing to hold that one who makes it possible for a criminal, even a pedophile, to receive a college education is thereafter liable when years later, even if using the degree thus obtained, such person commits a criminal act. There are many jobs that may be available to one with a counseling degree that will not involve contact with children. The Diocesan defendants could not foresee that Pagni would be licensed as a counselor by the State and hired by Crosswinds to counsel young people without first checking Pagni’s background with the Diocese. There is no allegation that the Diocese made any effort to conceal Pagni’s background or to hide the reason for his removal as an active priest. We affirm the summary judgment entered in favor of the Diocesan defendants.
The plaintiffs also sued Saunders, a psychologist who treated Pagni for a number of years, because he, after voluntarily assuming the duty of recommending Pagni for li-censure, failed to report that Pagni was a pedophile. The trial court dismissed the action against Saunders with prejudice because of its reliance on Palmer v. Shearson Lehman Hutton, Inc., 622 So. 2d 1085 (Fla. 1st DCA 1993). We disagree. Although Palmer found no common law liability under similar facts, it found a statutory duty and upheld a claim of liability on that basis. Here, Saunders is a psychologist. He undertook in that capacity to respond to a questionnaire from the Florida Department of Professional Regulation. He was advised that his failure to respond might result in Pagni’s being denied licensure. He responded as a psychologist and acknowledged a professional relationship with Pagni. He then deceived the Department concerning Pagni’s background in violation of section 491.009(1), (2), Florida Statutes, and, because of such deceit, Pagni was licensed and permitted to practice counseling vdth youths, members of the class intended to be protected by the statute. Unlike the claims against the Diocesan defendants as to which we affirm the summary judgment in favor of those defendants, we find the allegations against Saunders sufficient to withstand a motion to dismiss and reverse.
AFFIRMED in part; REVERSED in part and REMANDED for further action consistent with this opinion.
W. SHARP, and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- McCAIN v. Fla. Power Corp., 593 So. 2d 500 (Fla. 1992)
- Palmer v. Shearson Lehman Hutton, Inc., 622 So. 2d 1085 (Fla. 1st DCA 1993)