Hornback v. Archdiocese of Milwaukee

Gary Kazmarek, a Catholic school teacher, sexually abused schoolchildren at the St. Bernard School in the Madison Diocese (defendant) in Madison, Wisconsin. The Madison Diocese knew about Kazmarek’s sexual misconduct. In 1967, Kazmarek left the Madison Diocese and went to work at Our Mother of Sorrows, a Catholic school in the Louisville Archdiocese of Louisville, Kentucky. The Madison Diocese did not warn Our Mother of Sorrows or the Louisville Archdiocese about Kazmarek’s sexual misconduct. The Louisville Archdiocese did not contact the Madison Diocese for information about Kazmarek. Kenneth Hornback (plaintiff) was sexually abused by Kazmarek while studying at Our Mother of Sorrows. Hornback successfully sued Kazmarek and Our Mother of Sorrows for the sexual abuse. Then, in October 2002, Hornback discovered Kazmarek had sexually abused children in Madison Diocese before working at Our Mother of Sorrows. Hornback sued Madison Diocese for negligence, arguing that Madison Diocese’s failure to warn the Louisville Archdiocese about Kazmarek’s sexual misconduct caused Hornback’s sexual abuse and related injuries. Madison Diocese moved to dismiss, arguing that Hornback’s claim was (1) barred by the statute of limitations; and (2) barred by public policy. The trial court dismissed Hornback’s case, and the appellate court affirmed. Hornback appealed to the Wisconsin Supreme Court.