T.N. v. First Baptist Church of Pierce City

Date: 09-03-2024

Case Number: 22LW-CC00101

Judge: David Allen Cole

Court: Circuit Court, Lawrence County, Missouri

Plaintiff's Attorney:

Defendant's Attorney:

Description: Mount Vernon, Missouri personal injury lawyer represented the Plaintiff who sued on a corporate negligence theory.

The uncontroverted material facts establish that FBC is a Southern Baptist church and that Plaintiff participated in FBC's youth ministries program.A youth pastor led FBC's youth ministries program and transported participants, including Plaintiff and others, to and from said program in a church van.On two occasions in March of 2022, another participant in FBC's youth ministries program inappropriately touched Plaintiff in the church van during its operation by the youth pastor.Plaintiff, thereafter, filed a negligence claim against FBC premising her claim on the failure by FBC to prevent the incidents by following standards for the prevention of child sexual abuse.

FBC denied liability and moved for summary judgment.

In Gibson, a boy and his parents accused a member of a diocese's clergy of sexual abuse and sued the diocese for, inter alia, negligent hiring/ordination/retention, negligent failure to supervise, negligent infliction of emotional distress, and independent negligence of the diocese.952 S.W.2d at 243-44.The circuit court dismissed these negligence claims on the basis that they failed to state claims upon which relief could be granted, and the Supreme Court of Missouri affirmed holding that the First Amendment of the United States Constitution, specifically the Free Exercise and Establishment Clauses,[3] prohibit courts from entertaining certain negligence claims against religious organizations where the analysis of the issues would require a determination on ecclesiastical matters.

Outcome: Motion for summary judgment granted.

Affirmed on appeal.

Plaintiff's Experts:

Defendant's Experts:

Comments: