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Rendon v. Roman Catholic Diocese of Amarillo

One may defeat a limitations defense by establishing that the defendant engaged in conduct that induced the plaintiff to forego a timely suit regarding a cause of action that the plaintiff knew existed; the conduct or words allegedly heard by the plaintiff must evince affirmative inducement to delay bringing an action.

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Dario Rendon, Jr., Juan Rendon, Rudy Rendon, Daniel Rendon, and Rodney Rendon (the Rendon children) appeal from a final summary judgment granted in favor of the Roman Catholic Diocese of Amarillo, the Roman Catholic Diocese of Lubbock, Most Reverend Leroy T. Matthiesen, Bishop of the Roman Catholic Diocese of Amarillo and his predecessors and successors, Most Reverend Placido Rodriquez, Bishop of the Roman Catholic Diocese of Lubbock, and his predecessors and successors, and Michael J. Sheehan, Archbishop of the Diocese of Santa Fe, New Mexico and formerly the Bishop of the Roman Catholic Diocese of Lubbock (collectively referred to as the Church). They contend, through four issues, that the trial court erred in granting the judgment. We disagree and affirm same.

Background

The dispute concerns the sexual assault of Father Howell, a Roman Catholic priest, upon the Rendon children, who were minors and Catholic parishioners at the time. According to the summary judgment evidence, the assaults occurred in the late 1970′s and early 1980′s. In the Fall of 1986, the father of the boys, Dario Rendon Sr.,(Rendon Sr.) informed Bishop Sheehan, then bishop of the Roman Catholic Diocese of Lubbock, of the acts. Bishop Sheehan informed Rendon Sr. that he would “take action to take care of the matter.” The record does not disclose whether the two individuals ever broached the topic again. However, in 1995, suit was filed against the Church and the estate of Father Howell because they believed that Bishop Sheehan failed to “take action” as represented. The Church moved for summary judgment, alleging, among other things, that limitations had long since passed. The trial court granted the motion without specifying the particular ground upon which it acted. *fn1

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