Date: 05-22-2018

Case Style:

Case Number: 6:17-cv-01265-JWB-KGS

Judge: John W. Broomes

Court: United States District Court for the District of Kansas (Sedgwick County)

Plaintiff's Attorney: Norman Kelly

Defendant's Attorney: John M. Ross and Theodore A. Kardis

Description: Wichita, KS - Ivan Woltje v. International Church of the Foursquare Gospel, Inc., a California Not-For-Profit Corporation doing business as Emmanuel Foursquare Church of Salina, Kansas on a personal injury negligence theory.

Plaintiff's Complaint Contained, in part, the following allegations:

"On October 15, 2015, Plaintiff was assisting as a cook with a hog-roast cookout during an
event hosted by the Defendant Emmanuel Foursquare Church of Salina, Kansas division of
the International Church of the Foursquare Gospel, Inc. (“Church”) for a Church activity and
event that was to take place on property belonging to a Church member and located outside
Bennington, Kansas.
5. The event was advertised in the Church bulletin and in other manners by the Church as a
“Hawaiian Luau” and barn dance which activity was being hosted by the Church as a Church
event.
6. The plan on October 15, 2015 was to dig, fill and light a fire-roasting and cooking pit and
then cook a whole hog over-night in it.
7. Plaintiff was asked to be the cook because he had safely and appropriately prepared many
other, similar fire pits and roasted numerous other hogs.
8. For this reason, he was familiar with the process and safety precautions necessary for that
activity.
9. However, on October 15, 2015, other Church members and staff were involved in and supervising the preparation and operation of the fire/roasting/cooking pit, including an
Associate Pastor of the Church named or known as Joker Henderson, who was supervising
the construction of the materials inside the fire pit and ignition of the same.
10. Associate Pastor Joker Henderson, acting at all relevant times within the scope and course
of his employment and/or agency relationship with the Church, was responsible to supervise
the construction, assembly, and ignition or lighting of the fire pit.
11. Associate Pastor Joker Henderson, acting within the scope and course of his employment
and/or agency relationship with the Church, instructed other Church staff and
members/volunteers to introduce and place wooden pallets into the burn pit, and to douse
them with a lighting accelerant/agent.
12. Without Plaintiff’s knowledge or consent, before Plaintiff physically arrived at the pit location,
and unbeknownst to Plaintiff, and without any meaningful safety supervision by Associate
Pastor Joker Henderson or any other Church agent(s), staff, volunteer(s), or employee(s),
another Church employee/agent/volunteer named Curtis Jeffries dumped, poured, or
introduced approximately 2.5 gallons of gasoline into the fire pit before it was ignited.
13. Church employee/agent/volunteer Curtis Jefferies was at all relevant times acting within the
scope and course of his employment and agency relationship with the Church.
14. Associate Pastor Joker Henderson knew that Church employee/agent Curtis Jefferes had
applied significant quantities of gasoline as the lighting accelerant/agent before Plaintiff
arrived at the fire/roasting/cooking pit.
15. The proper accelerant, if any, besides small kindling or small sticks, to use for igniting this
kind of fire pit is diesel fuel because it will not explode. Plaintiff reasonably expected to
encounter no accelerant, or at most diesel fuel - definitely not gasoline because of the obvious
danger involved.
16. When he arrived at the fire pit, Plaintiff, without any forewarning or knowledge of the
presence of significant quantities of gasoline, reached into the fire pit with a lighted starter
stick provided to him by Associate Pastor Joker Henderson to ignite the pit.
17. The gasoline and fumes in the pit exploded as Plaintiff was leaning over and reaching into the
pit to light the same, severely injuring and burning him.
18. Plaintiff remembers seeing his beard and hair catch on fire, and breathing in flames through
his nose during the explosion.
19. The explosion occurred at approximately 10:00 o’clock a.m. in the morning. No one involved
had been drinking, or was under the influence of any alcohol or drugs.
20. Plaintiff never saw any gasoline cans or containers on the property, and certainly did not
observe any near or in the fire pit.
21. Plaintiff did not smell any gasoline fumes before lighting the pit.
22. Associate Pastor Joker Henderson and Church employee/agent/volunteer Curtis Jeffries knew
gasoline had been poured into the fire/roasting/cooking pit, but neither of them communicated
any kind of warning about that condition to Plaintiff.
23. Plaintiff provided no materials, plans, or supervision of the construction or assembly of the
fire pit, or any fuel/materials/pallets or accelerant to be burned in the pit.
24. As a direct and proximate result of the explosion described herein, Plaintiff has been injured
and damaged in an amount exceeding seventy-five thousand dollars ($75,000.00).

Specifically, Plaintiff has suffered severe bodily injuries, some of which are, within reasonableprobability, permanent in nature. Plaintiff has further suffered great physical pain and mental
anguish due to these injuries in the past; and he will, with reasonable probability, continue to
suffer such physical pain and mental anguish as a result of these injuries in the future. Plaintiff
has further been physically impaired and disfigured as a result of the explosion and his
resulting burns, and he will in all reasonable probability continue to be so impaired and
disfigured in the future. As a result of his injuries, Plaintiff has incurred reasonable medical
expenses, and with reasonable probability, will continue to incur reasonable medical expenses
in the future as a direct and proximate result of the explosion and his resulting injuries and
damages. Finally, Plaintiff lost his job as a result of the injuries, damages, and necessary
treatment he suffered and incurred as a direct and proximate result of the explosion, and he
will, with reasonable probability, continue to suffer the loss of those earnings and earning
capacity in the future."

Outcome: 05/22/2018 ***Civil Case Terminated per 22 Stipulation of Dismissal with Prejudice. (sz) (Entered: 05/22/2018)
05/22/2018 23 ORDER OF DISMISSAL WITH PREJUDICE. The Court is advised that the case has been resolved by way of settlement. The case is dismissed by this court with prejudice pursuant to Federal Rules of Civil Procedure 41(a)(2). The parties will bear their own costs and attorney's fees. Signed by District Judge John W. Broomes on 5/22/2018. (mam) (Entered: 05/22/2018)

Plaintiff's Experts:

Defendant's Experts:

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