03-2962 Schauer v. Diocese of Green Bay

Listen to this article

“The trial court never determined whether to apply estoppel. Thus, there is no exercise of discretion for us to review. Facts need to be developed to ascertain whether the diocese knew of Buzanowski’s prior sexual assaults. In addition, there are questions of whether the diocese and the school actually made the threat, what caused the inducement to delay to cease, and whether the delay was reasonable. We therefore remand so the trial court may find facts and exercise its discretion to determine whether the diocese and school should be equitably estopped from raising the statute of limitations as a defense.”

We affirm the trial court’s rulings that plaintiff’s claims of sexual exploitation by a therapist and negligent retention and supervision are time-barred.

Affirmed in part, reversed in part and remanded.

Recommended for publication in the official reports.

Dist III, Brown County, Warpinski, J., Peterson, J.

Attorneys:

For Appellant: James A. Johnson, Rhinelander; Jeffrey R. Anderson

For Respondent: Patrick W. Brennan, Milwaukee; Michele M. Ford, Milwaukee; Debora A. Fronczak, Milwaukee