GREGORY COHANE v. THE HOME MISSIONERS OF AMERICA d/b/a GLEMARY HOME MISSIONERS, ROMAN CATHOLIC DIOCESE OF CHARLOTTE, NORTH CAROLINA, and AL BEHM
March 22, 2022
North Carolina Court of Appeals
No. 22-143
Final Cohane Amicus Brief Watermarked

CHILD USA filed this brief in support of Plaintiff-Appellant seeking reversal of the Superior Court decision dismissing their negligence claims on the grounds that the SAFE Child Act’s revival window provision does not apply to claims against entities. CHILD USA argues that the express language of the revival provision and its legislative history do not support the narrow reading imposed by the Superior Court that exempts entities form accountability for their own misconduct which would undermine the very principles of American tort law. CHILD USA also argues that revival against all responsible parties is a reasonable legislative response to the injustices experienced by victims due to extremely short SOLs and is consistent with the national trend.