Delaware Jury Returns $63 Million Verdict Against Defrocked Priest and Parish in Landmark Clergy Abuse Case
Won by Jacobs & Crumplar.
A Kent County jury awarded John Vai $63 million against defrocked priest Francis DeLuca and St. Elizabeth's Parish in Wilmington after finding both liable for childhood sexual abuse that began in the 1960s, producing what victim advocates called the largest compensatory verdict in U.S. clergy abuse history and the first time an individual parish was held accountable.
What happened
In the mid-1960s, John Vai was a young teenager attending St. Elizabeth's Parish in Wilmington, Delaware, when Francis DeLuca, a priest assigned to the parish school, began sexually abusing him. The abuse continued over several years. Vai eventually came forward after learning that another former parishioner, Robert Quill, had filed a similar lawsuit against DeLuca in 2007. Delaware's Child Victims Act, which temporarily suspended the statute of limitations for civil claims arising from childhood sexual abuse, gave Vai a legal window to seek accountability decades after the harm occurred.
The case proceeded to an eight-week trial in Kent County Superior Court in fall 2010. By the time the case reached the jury, Judge James T. Vaughn Jr. had already entered a directed verdict against DeLuca, who was then in his eighties, in poor health, and did not appear at trial. DeLuca had been defrocked in 2008 following a criminal conviction in New York for molesting his adult grandnephew. The central contested question before the jury was whether St. Elizabeth's Parish bore institutional responsibility for what DeLuca did to Vai.
Thomas Crumplar of Jacobs and Crumplar, together with co-counsel from The Neuberger Firm and Raeann Warner, argued that parish leadership had known or should have known of DeLuca's conduct and failed to act. The defense, represented by Colleen Shields for St. Elizabeth's, contested liability. The jury found that the parish was reckless, grossly negligent, and negligent in not preventing the abuse.
On December 1, 2010, the jury returned compensatory damages of $30 million against DeLuca and $3 million against St. Elizabeth's. A separate punitive damages phase followed. When that phase concluded, the jury assessed an additional $30 million against DeLuca, bringing his total liability to $60 million. St. Elizabeth's punitive exposure added $1 to the parish's award, for a combined judgment of $63,000,001 against both defendants.
Victim advocates described the compensatory damages alone as the largest ever awarded in a U.S. clergy abuse case. The verdict was also the first time a parish itself, rather than a diocese or an individual priest, was found liable by a jury for covering up the conduct of one of its priests. No reduction or remittitur of the verdict has been reported in available public records. The Catholic Diocese of Wilmington, which had filed for Chapter 11 bankruptcy in October 2009, separately reached a $77 million global settlement with abuse claimants in 2011.
Sources
This account is drawn from contemporaneous public reporting and the court record.
- 1.CBS Philadelphia: Wilmington Parish Slapped With $33M Award in Priest Sex Abuse Case (Dec. 2010)
- 2.Fox News: Jury Grants Big $30M Award in Del. Priest Abuse (Dec. 2010)
- 3.6ABC Philadelphia: Jury Finds Del. Parish Liable for Priest Abuse (Dec. 2010)
- 4.WHYY: Multimillion Dollar Award in Delaware Priest Sex Abuse Case (Dec. 2010)
- 5.NBC10 Philadelphia: Jury Finds Del. Church Liable in Sexual Abuse Case (Dec. 2010)
- 6.The Neuberger Firm: Childhood Sexual Abuse Notable Accomplishments (confirms Jacobs and Crumplar co-counsel and $63M total)