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Colosimo v. Roman Catholic Bishop of Salt Lake City11/26/2004
(For Official Publication)
Ralph and Charles Colosimo (collectively, Plaintiffs) appeal a trial court order dismissing with prejudice their claims against the Roman Catholic Bishop of Salt Lake City, doing business as the Catholic Diocese of Salt Lake City; the Archdiocese of San Francisco; the Oblates of St. Francis de Sales; Judge Memorial High School Board of Financial Trustees; Thomas P. O'Neill; Francis J. Gross; and W. Ivan Cendese (collectively, Defendants). We affirm.
BACKGROUND
On February 18, 2003, Plaintiffs filed their complaint asserting causes of action against Defendants for aggravated sexual assault and battery, negligence, negligent infliction of emotional distress, intentional infliction of emotional distress, invasion of privacy, breach of fiduciary duty, fraud, and false imprisonment. Plaintiffs sought both general and punitive damages. Each of Plaintiffs' claims stemmed from being sexually abused by James F. Rapp in the early 1970s.
Prior to either party conducting discovery, all of the Defendants, except Rapp, filed motions to dismiss pursuant to rule 12(b)(6) of the Utah Rules of Civil Procedure, or in the alternative, motions for summary judgment pursuant to rule 56 of the Utah Rules of Civil Procedure. In response, Plaintiffs filed a supplemental memorandum and an alterative motion to allow discovery prior to considering Defendants' motions to dismiss and/or, if necessary grant Plaintiffs leave to amend their complaint. However, after considering the pleadings, memoranda, supporting and counter-affidavits submitted by the parties, and arguments of counsel, the trial court treated Defendants' dismissal motions as motions for summary judgment. The court identified the undisputed material facts, determined as a matter of law that the statutes of limitation had run against Plaintiffs' claims, and dismissed their complaint with prejudice.
The following facts were undisputed. Plaintiffs claim that Rapp sexually abused them at different times between 1970 and 1975. Plaintiffs allege that Rapp abused Ralph Colosimo sometime prior to the beginning of Ralph's senior year at Judge Memorial High School in late 1970 and early 1971 and continued to abuse Ralph throughout his senior year and afterward.
Ralph turned eighteen years old on September 20, 1971. Plaintiffs further allege that Rapp abused Charles Colosimo from 1972 through 1975. Charles turned eighteen years old on September 22, 1979. At the time of the alleged abuse, Rapp was a member of the Oblates of St. Francis de Sales, and a teacher, priest, and staff member of Judge Memorial High School.
Plaintiffs knew at the time they were allegedly abused by Rapp that they had been abused and that they had suffered injury as a result. Charles was aware of the abuse at the time it occurred and at the time he reached the age of majority--he claims he "has never forgotten what happened to him." Although Ralph claims that he "repressed all memory of many instances of the abuse suffered at the hands of Rapp," he does not contend that he repressed every occurrence of abuse. In their complaint, Plaintiffs noted the "obvious physical and emotional harm that resulted immediately" from Rapp's abuse of Ralph. Further, at some time in 1975, Rapp admitted to Ralph that he was a pedophile and that he was abusing Charles. Plaintiffs have known since they were allegedly abused that Rapp was an Oblate, a priest, and a teacher at Judge Memorial High School. Although Plaintiffs knew they had been injured by Rapp, they made no inquiry into Defendants' knowledge of or responsibility for the abuse during the limitations period. Plaintiffs asserted that they did n
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