Date: 11-19-2013

Case Style: Brian Elliott v. Marist Brothers of the Schools Inc. et al

Case Number: 1:09-cv-00611-SLR

Judge: Sue L. Robinson

Court: United States District Court for the District of Delaware

Plaintiff's Attorney: Thomas C. Crumplar, Robert Jacobs, Stephen J. Neuberger, Thomas S. Neuberger, Raeann Warner

Defendant's Attorney: Brother Damian Galligan, retired, pro se

Description: Brian Elliott, age 44, sued the Marist Brothers of the Schools Inc., Church of the Nativity of Our Blessed Lady, Archdiocese of New York and Brother Damian Galligan on a sexual abuse (civil assault and battery) and negligence theories claiming that he was sexually abused by the priest starting in 1977 and ending in 1985. He claimed that the defendant abused him in at least four states on various trips.

Galligan was a principal and teacher at Mount St. Michael Academy in New York.

Plaintiff was able to sue Galligan in Delaware because of Delaware's Child Victim's Act which was passed in 2007 that briefly lifted the statute of limitations on such claims.

Defendant did not appear and defend at trial but admitted that he sexually abused Brian and other boys.

The Marist order and the Archdiocese of New York were dismissed out of the case by the Court.

Outcome: Plaintiff's verdict for $1.4 million in compensatory damages and $1 million in punitive damages.

Plaintiff's Experts: Carol Tavani, psychiatrist

Defendant's Experts:

Comments: Editor's Comment: The judgment entered by the Court on this verdict is certainly not collectable. The dismissal of the church entities will be appealed.