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Issues of fact in molestation suit against father

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The Indiana Court of Appeals affirmed the denial of a motion of summary judgment by a father accused of molesting two of his adopted sons when they were children. The appellate court found a genuine issue of material fact as to whether his wife's conduct upon learning about the molestations amounted to collusion with the father in concealing the molestation.

In Frederick William LaCava v. Daniel LaCava and Geoffrey LaCava, No. 49A04-0808-CV-451, Frederick LaCava argued claims by Daniel and Geoffrey LaCava were barred by the statute of limitations and that in the absence of expert opinion regarding the son's claims of repressed memory, their complaint can't withstand summary judgment.

Daniel and Geoffrey claimed Frederick molested them as boys until the late 1980s and they repressed memories of it until 2005 when they found child pornography stored on Frederick's computer. They filed suit in 2005 against their father, after the two-year statute of limitations for them to have filed once they became adults expired.

As children, they told their mother Elizabeth about the abuse and she asked Frederick to leave, and they later divorced. She never reported the abuse to the authorities and allowed them to continue to see their father unsupervised. She even told them to keep quiet about the molestations when it came out Frederick molested two foster children in their home.

In her affidavit, Elizabeth claimed Daniel and Geoffrey spoke about their molestations before 2005. Their brother Andrew said in his affidavit that Geoffrey confronted their father in 1999 about the abuse in front of Andrew.

Daniel died before the motion for summary judgment was filed.

Although the statue of limitations had passed for Geoffrey and Daniel to file their suit based on their ages, the doctrine of fraudulent concealment can estop a parental defendant from asserting the statute of limitations when he has, by deception or violation of duty, concealed from the plaintiff material facts preventing the plaintiff from discovering the potential cause of action, wrote Judge Margret Robb. Frederick claimed the doctrine doesn't apply because there's no dispute Elizabeth knew about the molestations in 1989 and her knowledge should be imputed to Daniel and Geoffrey.

The appellate court found there to be a genuine issue of material fact regarding whether Elizabeth's conduct when she learned about her son's molestations amounted to collusion with her husband in concealing the molestation from Daniel and Geoffrey, wrote the judge.

There is also an issue of fact as to whether Daniel and Geoffrey remembered the molestations before 2005 based on conversations they had with others.

The appellate court also ruled that based on Doe v. Shutls-Lewis Child and Family Services, Inc., 718 N.E.2d 738, 745, (Ind. 1999), Daniel and Geoffrey will need expert testimony to ultimately prevail on their claims. The trial court denied their request for a third extension of time in order to have Geoffrey evaluated by a psychiatrist and get an expert opinion on their repressed memories claims. However, the Court of Appeals held that testimony isn't required at this stage of the case. Judge Robb wrote in a footnote that Daniel didn't meet with an expert before his death, so although his claim should withstand summary judgment, it would be appropriate to voluntarily dismiss him from this litigation.

The Court of Appeals remanded for further proceedings.

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  1. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

  3. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

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