In Dan McCormack Sex Abuse Lawsuit Against Archdiosese, Judge Denies Punitive Damages Motion - Willing To Reconsider Issue After Further Discovery
David Abels & Associates, P.C. is currently acting as co-counsel with the firm of Hilfman, Martin & Barr P.C. in a lawsuit against the Archdiosese of Chicago relating to the sexual misconduct of Father Daniel McCormack. Last week the Court heard the Plaintiff's Motion To File an Amended Complaint Seeking Punitive Damages against the defendants. This motion was argued by Bill Martin. The Honorable Jeffrey Lawrence denied the motion, but Judge Lawrence said that he would be willing to hear the motion again after the parties complete some discovery.
The Court focused on the information contained in the report of the Archdiocese's consultant, Defenbaugh, and specifically commented on 1999 reports from Sister Mary Therese Cusack to the Archdiocese relating to improper conduct by McCormack. The court indicated that the allegations in the plaintiff's motion may be sufficient to allow the plaintiff to pursue punitive damages, but that these allegations required additional legal evidence in the form of depositions or affidavits. Plaintiff's counsel intends to take the depositions of Archdiocesan personnel and to resubmit this motion to the court.
Daniel McCormack has plead guilty in criminal court to abusing five boys. He is serving a five year prison sentence.
