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Tucker v. Roman Catholic Diocese of Lafayette-In-Indiana11/23/2005
FOR PUBLICATION
Debra Tucker appeals the trial court's dismissal of her suit against the Roman Catholic Diocese of Lafayette-in-Indiana, Most Reverend William L. Higi ("Bishop Higi"), Very Reverend Robert Sell ("Monsignor Sell"), and Reverend Dennis Goth ("Father Goth") (collectively the "Diocese"). On appeal, she raises numerous issues, the following of which we find dispositive: Whether the trial court properly dismissed Tucker's amended complaint for failure to state a claim pursuant to Indiana Trial Rule 12(B)(6).
We affirm.
FACTS AND PROCEDURAL HISTORY
When reviewing a T.R. 12(B)(6) motion to dismiss for failure to state a claim, this court accepts as true the facts alleged in the complaint. City of New Haven v. Reichhart, 748 N.E.2d 374, 377 (Ind. 2001). At all times relevant to the complaint, Bishop Higi, Monsignor Sell, and Father Goth were part of the Lafayette Diocese, which employed Metzger as a lay person to teach CCD classes to children, instruct lectors, assist with the direction of the children's choir, and serve as Extraordinary Eucharistic Minister.
Tucker alleges that in 1966 she was ten years old and attended CCD classes at St. Lawrence Parish ("Parish") in Muncie, Indiana. From 1966 through 1968, Metzger sexually abused Tucker by forcing her to perform oral sex on him and by engaging in sexual intercourse with her. These acts took place numerous times a month when Metzger would either remove Tucker from her CCD class or wait for her at a nearby park. Tucker did not report this sexual abuse for fear that Metzger would prevent her parents from receiving instruction in the Roman Catholic Church, or have her brother Rick, who was training to be a priest, removed from the seminary. Tucker also did not report the abuse because her mother suffered from depression that required frequent hospitalization.
In 1968, Tucker's family moved out of the Parish and she did not see Metzger again until he attended her parents' funerals in 1981 and 1993. In 1994, Metzger was part of a Parish group that painted Tucker's house. In 1999, Tucker began counseling with Father William Grady. In June of that year, Tucker and her brother met with Father Grady, one of Metzger's daughters, and the daughter's husband. During that meeting, Metzger's daughter admitted that Metzger had also sexually abused his daughters.
Tucker saw Metzger twice in the spring of 2000. Thereafter, Tucker and her brother met with Monsignor Sell, Father Grady, and Tucker's personal therapist. At the meeting, Monsignor Sell promised Tucker that Metzger would not have any contact whatsoever with children at the Parish and that the Parish would strip Metzger of his duties as CCD instructor and Extraordinary Eucharistic Minister. Tucker, in turn, did not pursue legal action against the Parish, Metzger, or the Diocese. Tucker alleged, "Monsignor Sell's promise to plaintiff in mutual consideration for Plaintiff's not seeking legal recourse constituted a binding contract between the parties." Appellant's App. at 196. Monsignor Sell told Tucker in July 2000 that "everything was taken care of." Appellant's App. at 196. In August 2002, Tucker told her brother that the Diocese had taken no action to enforce its promise. A few weeks later, Tucker's brother committed suicide.
In her amended complaint, Tucker alleged that the Diocese materially breached the terms of their agreement, and that she had been damaged as a proximate result of that breach. Tucker asserted that the breach proximately caused her to suffer severe emotional distress.
Aware that her claim could be barred by the statute of limitations, Tucker argued that the Diocese's fail
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