Professional Negligence Law Reporter

A New York appellate court held that a diocese may be liable in a personal injury suit brought on behalf of a child injured in one of its churches.

Here, Eric Talmadge filed suit against St. Mary’s Church of Oneonta (“the parish”) and the Roman Catholic Diocese of Albany, N.Y., alleging liability for injuries his child sustained at St. Mary’s. The diocese moved to dismiss the lawsuit on the basis that it was a distinct corporate entity that had no ownership or control over the parish. The trial court denied the motion.

Affirming, the appellate court accepted as true the plaintiffs’ allegation that the parish was under the diocese’s supervision and acted as its agent and alter ego. Moreover, the court found, a certificate of liability insurance in effect at the time of the child’s alleged injury named the diocese as an insured, which implies that the diocese had some degree of supervision and control over the parish.

Thus, the court held that the trial court’s decision had been proper.

Citation: Talmadge v. Roman Catholic Diocese of Albany, 2018 WL 6797508 (N.Y. App. Div. Dec. 27, 2018).

Plaintiff counsel: Joshua Friedman, Albany, N.Y.