A. Doe v. First Presbyterian Church (USA)

126 Ohio App. 3d 358
CourtOhio Court of Appeals
DecidedAugust 28, 1998
DocketNo. 97-CA48-2
StatusPublished
Cited by13 cases

This text of 126 Ohio App. 3d 358 (A. Doe v. First Presbyterian Church (USA)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A. Doe v. First Presbyterian Church (USA), 126 Ohio App. 3d 358 (Ohio Ct. App. 1998).

Opinion

Gwin, Judge.

Plaintiffs, nine minors referred to in the record as A through I Doe, by their eight guardians referred to in the record as S through Z Doe, appeal a summary judgment of the Court of Common Pleas of Richland County, Ohio, entered in favor of defendant First Presbyterian Church (USA) in this action for negligent supervision, negligent retention, and negligent hiring of two church employees who molested the various minor plaintiffs at appellee church. Appellants assign four errors to the trial court:

“Assignment of Error No. 1
“The trial court incorrectly entered judgment in favor of defendants [sic ] as a matter of law because the defendant failed to meet its burden of specifically pointing to some evidence demonstrating an absence of genuine issue of material fact.
“Assignment of Error No. 2
“The trial court erred as a matter of law by erroneously applying and interpreting the pleading requirements set forth in Byrd v. Faber in granting summary judgment by misinterpreting the evidentiary proof required to survive [362]*362summary judgment and the plaintiffs’ counts for negligent hiring, negligent retention and negligent supervision.
“Assignment of Error No. 3
“The trial court incorrectly granted summary judgment to the defendant [because] genuine issues of material fact remain in dispute as to whether the defendant negligently hired and retained child-care givers, whether the defendant negligently supervised employees, and whether the defendant negligently supervised children of tender years entrusted to its care.”

Appellants’ statement pursuant to Loc.App.R. 4(D) asserts that the trial court’s judgment is inappropriate both because it is contrary to law and because there are genuine disputes as to material facts.

It appears uncontroverted in the record the various minor appellants were physically and sexually abused by two teenage babysitters employed by appellee church in the church’s bathrooms, classrooms, and adjacent property. From 1988 to 1992, Larry Rohde and Scott Butner acted as babysitters or child-care givers for appellee First Presbyterian Church during church services and activities. In 1992, Rohde was convicted of various counts of sexual molestation, while Butner pled guilty to sexual molestation. Both Rohde and Butner are incarcerated.

Appellants argued that the church instituted few or no procedures for hiring, retention, or supervision of the teenagers.

The church had a preschool, a youth service, a Sunday School, Bethel, and special activities. When appellee held a function for adults, the children were somewhere else in the church. According to the church policy, there should be at least one adult and a youth at each activity for the children. Also, at the Sunday morning service, at the end of the children’s message, the children would leave the sanctuary and go to classrooms.

The Director of Christian Education trained the Sunday school teachers, supervised the church activities, and made sure there was adequate supervision at the worship hour. The Director of Christian Education and Children’s Ministries was in charge of the hiring, training, and supervision of the church’s employees, including recruiting them and putting them on the list as caregivers and babysitters.

The thrust of appellants’ negligent action against the church concerned Scott Butner. Appellants argue that if the church had adequately screened Scott Butner, it would have discovered certain risk indicators that would have put the church on notice that Butner was not suitable to be around young children. The risk factors appellants identify concern incidents in Butner’s home and school. Specifically, Butner was an emotionally troubled student and the school was aware of some sort of letter Butner had authored expressing violent sexual [363]*363fantasies about a girl. The record indicates that the girl in the fantasies was not a young child. Butner had also engaged in a fight at school. There is also evidence in the record that Butner’s sister had accused their father of sexually molesting her.

From the early 1980s to 1990, the Director of Christian Education was Virginia Hardman, and, thereafter, the Director of Christian Education was Sue Love. At her deposition, Hardman admitted knowing Butner and believed that he was socially maladjusted. Hardman characterized Butner as a “sad little boy.” Both Hardman and Love deposed that they were not aware that any child had ever been alone with any youth assistant in a classroom, a bathroom, or the woods. To the contrary, unwritten church policy provided that there should always be an adult present.

The record indicates that on numerous occasions, Butner and Rohde engaged in violent physical, and appalling sexual, activities with children on the church property.

Civ. R. 56(C) states in pertinent part:

“Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence in the pending case, and written stipulations of fact, if any, timely filed in the action, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. No evidence or stipulation may be considered except as stated in this rule. A summary judgment shall not be rendered unless it appears from such evidence or stipulation and only therefrom, that reasonable minds can come to but one conclusion and that conclusion is adverse to the party against whom the motion for summary judgment is made, such party being entitled to have the evidence or stipulation construed most strongly in his favor. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.”

A trial court should not enter summary judgment if it appears that a material fact is in genuine dispute, or if, construing the allegations most favorably towards the nonmoving party, reasonable minds could draw different conclusions from the undisputed facts. Hounshell v. Am. States Ins. Co. (1981), 67 Ohio St.2d 427, 433, 21 O.O.3d 267, 271, 424 N.E.2d 311, 314-315. A trial court may not resolve ambiguities in the evidence presented. Inland Refuse Transfer Co. v. Browning-Ferris Industries of Ohio, Inc. (1984), 15 Ohio St.3d 321, 15 OBR 448, 474 N.E.2d 271. A reviewing court reviews a summary judgment by the same standard as the trial court did, Smiddy v. The Wedding Party, Inc. (1987), 30 Ohio St.3d 35, 506 N.E.2d 212. In the recent case of Vahila v. Hall (1997), 77 [364]*364Ohio St.3d 421, 674 N.E.2d 1164. The Supreme Court explained the procedural development of a motion for summary judgment. First, the party seeking summary judgment must disclose the basis for the motion and support the motion with evidence. Vahila at 429, 674 N.E.2d at 1170, citing Harless v. Willis Day Warehousing Co.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
126 Ohio App. 3d 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-doe-v-first-presbyterian-church-usa-ohioctapp-1998.