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Picher v. Roman Catholic Bishop of Portland et al.

2009 Me. 67, 974 A.2d 286 (2009)

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Picher v. Roman Catholic Bishop of Portland et al.

Maine Supreme Court

2009 Me. 67, 974 A.2d 286 (2009)

Facts

William Picher (plaintiff) sued his former priest, Raymond Melville (defendant), and the Roman Catholic Bishop of Portland (Bishop) (defendant), a non-profit organization under Maine law. Picher alleged that Melville sexually abused Picher when he was a minor. Picher asserted several causes of action against Melville and asserted claims against Bishop for negligent supervision, breach of fiduciary duty, canonical agency, and fraudulent concealment of facts. Picher alleged that Bishop knew of Melville’s propensities and concealed them from parishioners and the public. Bishop maintained liability insurance, but the insurance contained exclusions for claims relating to sexual abuse, physical abuse, or molestation of any person. Bishop moved for summary judgment, arguing the affirmative defense of charitable immunity. The trial court granted the motion, and Picher appealed.

Rule of Law

Issue

Holding and Reasoning (Silver, J.)

Concurrence (Saufley, C.J.)

Dissent (Alexander, J.)

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