The Vermont Supreme Court will allow a lawsuit to move forward against a former orthopedic surgeon convicted of improperly touching a female patient.
A lower court had ruled for Joseph Abate, the former doctor, in the 2009 civil action, saying the statute of limitations had run out for the high school athlete to file a lawsuit alleging sexual assault.
Abate of Colchester was convicted of prohibited acts/lewdness in 2010 and agreed to give up his medical license.
The Supreme Court ruled on Friday that a jury should decide whether the six-year-statute of limitations on childhood sexual abuse had expired based on the plaintiff's statements and testimony.
