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APPLETON — An Outagamie County judge denied a request this week by the Roman Catholic Diocese of Green Bay to dismiss a lawsuit filed by two brothers who were sexually assaulted by a priest.
Judge Nancy Krueger rejected the diocese’s argument that brothers Todd and Troy Merryfield delayed filing the civil lawsuit against the diocese in 2008, hampering the diocese’s ability to mount a defense because so much time passed between the assaults and the lawsuit.
“The passage of time has affected both the plaintiffs and the defense,” she wrote in her decision.
The lawsuit claims the diocese knew the Rev. John Feeney had a history of sexual misconduct when it installed him as a priest at Freedom’s St. Nicholas Church and falsely portrayed him as safe even though church officials knew he was a danger to children.
The brothers, then 12 and 14, were molested by Feeney in 1978.
A jury found in the Merryfields’ favor in May and awarded the brothers $700,000, but Krueger granted the diocese a new trial last month after concluding that a juror was biased.
This week, the Merryfields asked Krueger for permission to appeal the decision that granted the diocese a new trial.
The Merryfields argue that the juror repeatedly maintained she could be fair and impartial. They also say Krueger asked the juror improper questions before she made her decision.
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