Jackie Lee Spencer (left) and John Carr III | Courtesy photo
MORGANTOWN – A circuit judge has denied the Catholic Church’s motion to dismiss a case in which two 78-year-old men who say they were switched at birth by staff at a Catholic hospital.
John William Carr III and Jackie Lee Spencer originally filed their lawsuit June 5 against the Catholic Diocese of Wheeling-Charleston in Monongalia Circuit Court. Joining them as plaintiffs are wives Bonnie Lynn Carr and Phyllis Ann Spencer as well as adopted son Zackery Stealth Carr.
On March 1, Monongalia Circuit Judge Phillip Gaujot issued his order denying the Motion to Dismiss filed last July. The Diocese alleged, among other things, the statute of limitations had expired in the case.