Issues of fact in molestation suit against father

Back to TopCommentsE-mailPrintBookmark and Share

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.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.