Piscitelli

Piscitelli v. the Salesian Society

Good Law
166 Cal. App. 4th 1·2008 Cal. App. LEXIS 1335·82 Cal. Rptr. 3d 139
Court of Appeal of CaliforniaAugust 20, 2008B195450California4,372 words

Opinion

Opinion

Rubin, J.

Defendant The Salesian Society (the Society) appeals from the judgment entered after a jury determined it was negligent for failing to protect plaintiff Joseph Piscitelli from childhood sexual abuse at the hands of one of the Society’s priests. We reject the Society’s contention that the trial court erred by admitting evidence of another cleric’s sex abuse conviction in order to impeach that cleric’s testimony, and therefore affirm the judgment.

FACTS AND PROCEDURAL HISTORY

In July 2006 a jury awarded Joseph Piscitelli $600,000 for sexual abuse he suffered from 1969 through 1971 at the hands of Father Joseph Whelan, who was the vice-principal of the Society-run high school Piscitelli attended at that time. The only issue on appeal is whether the trial court erred by letting Piscitelli impeach a former Salesian brother, Salvatore Billante, with evidence that Billante had been convicted of child molestation.

Billante’s testimony was relevant to whether Piscitelli’s negligence claim against the Society was barred by the statute of limitations. Piscitelli claimed his action was timely under the one-year revival period that was in place during 2003. (Code Civ. Proc., §…

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