Che v. First Assembly of God

185 So. 3d 125, 2016 La. App. LEXIS 29, 2016 WL 154825
CourtLouisiana Court of Appeal
DecidedJanuary 13, 2016
DocketNo. 50,360-CA
StatusPublished
Cited by7 cases

This text of 185 So. 3d 125 (Che v. First Assembly of God) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Che v. First Assembly of God, 185 So. 3d 125, 2016 La. App. LEXIS 29, 2016 WL 154825 (La. Ct. App. 2016).

Opinion

PITMAN, J.

11 Plaintiff,- Irene K. Che, individually and on behalf of her minor daughter, Messoma S. Ejezie, appeals the trial court’s granting of motions for summary judgment in favor of Defendants, the Louisiana District Council of the Assemblies of God (“the DC”) and the General Council of the Assemblies of God (the “GC”). For the following reasons, we affirm.

FACTS

On December 19, 2013, Ms. Che and her 22-month-old daughter attended a celebration at First Assembly of God Church (“First Assembly”) in Ruston, Louisiana. At some point during the celebration, her daughter was found- submerged in the baptismal pool of the church. The child suffered a severe .brain injury that has left her unable to walk, talk or feed ■ herself.

[129]*129Ms. Che, individually and on behalf, of her daughter, filed suit against First Assembly, the specific church where the injury occurred, the DC and the GC, alleging that First Assembly was liable to her for damages due to its negligence in failing to guard the baptismal pool in any way and leaving the pool full of water. The pool is four feet deep. There are no doors or other barriers separating the. pool. from the general premises of the church and no cover over the pool or any other safety features.

Plaintiffs actions against the DC and the GC are based on respondeat superior, Defendants’ respective liability as members of a single business enterprise and as members of an unincorporated , association with its own legal personality. The DC and the GC each, filed motions for. summary judgment seeking dismissal of Plaintiffs claims on the basis that neither 12had any responsibility for the employment of the pastor at First Assembly, nor was there any master-servant, employer-employee relationship between them and First Assembly sufficient to impose upon them any liability for the actibns of First Assembly set forth in Plaintiffs petition. They each claimed that no genuine issues of material fact remain regarding their lack of supervision, governance or control over the co-defendant, First Assembly. Further, each argued that Plaintiff would be unable to provide proof that a master-servant or employer-employee relationship existed between- them and First Assembly; and, therefore, they were entitled to judgment as a matter of law.

In support of their motions for summary judgment, the movers filed the affidavit of Richard Hammar, General Legal Counsel for the GC, who attested that he had attached a true and complete copy of the Constitution (“the Constitution”) and the By-laws (“the By-laws”) of the GC,-which show that the DC and the GC are separate and distinct business entities, from the local church. Specifically, Article XI, Section 1(c) of the Constitution, regarding local assemblies, states as follows:

c. Right of self-government (sovereign fights). Each General Council affiliated assembly has the right of self-government under Jesus Christ, its living Head, and shall have the power to choose br call its‘pastor, elect its official board, and transact all other business pertaining to its life as a local unit. It shall have the right to administer discipline to its members according to the Scriptures and-its constitution or bylaws. It shall have the right to acquire and hold -title to property, either through; trustees or -in its corporate name as a-self-governing unit. The fact it is affiliated with The- General Council of the Assemblies of God shall in no way destroy its rights as above stated or interfere with its sovereignty. The Isgovernance model adopted by the local assembly shall conform to the guidelines of Constitution, Article XI, Section 1, paragraph a, subparagraph (4).

Paragraph (d) of that- section states as follows:

d. Subordinate in matters of doctrine and conduct.' A General Council affiliated assembly shall recognize that a district council or The General Council of the Assemblies of God has the right to approve scriptural doctrine and conduct and to disapprove unscriptural doctrine and conduct and the authority to withdraw its Certificate of Affiliation if deemed necessary. (See Article VI, Section 4, of the By-laws.)

Article VI, Section 4 of the By-laws concerns the relationships between churches, district councils and the general council and states in section (a) as follows:

[130]*130a. -Nature. General Council affiliated churches are deemed to be sovereign, autonomous, self-governing, and self-determining bodies; which have, by their sovereign, self-determining action in making application for and receiving .recognition as a General Council affiliated church, entered into an agreement with the Fellowship to be amenable to the General Council and district council in. matters of doctrine and conduct. (See Constitution, Article XI, Section 1, paragraph d.)

Mr. Hammar’s affidavit explains how the different churches within the Assemblies of God are affiliated, that- they are congregational in polity and that the Assemblies is a cooperative fellowship of independent and autonomous churches that have plenary control over their own properties. The affidavit states that the GC has no authority to require churches to comply with any risk management recommendations as a result of polity and that the GC lacks authority to supervise or control church property. ■ - -

The depositions of several church personnel were also submitted with the motions for summary judgment, including those of Dr. George Wood, superintendent of the GC from Missouri; Pastor Douglas Fulenwider, |4 superintendent of the DC from 1994 until 2014; and Pastor Ricky Bonnett of First Assembly. Their deposition testimony established how the Assemblies of God was created, how individual churches join the fellowship, what the teachings of the church entail and that baptism by immersion is required, but that neither the GC nor the DC controls the setting for baptisms by immersion, which can be done anywhere the local pastor chooses. The GC and the DC have no ownership of the property '■ of the local churches. Testimony was also given that each church has the right to hire its own pastor, and the only control asserted over the local churches by the GC or the DC concerns doctrine or behavior of a pastor who strays from the teachings, of the church.

The trial court jointly addressed the two motions for summary judgment and rendered judgment granting each motion and dismissing the Plaintiffs actions ágairist the DC and'the GC. In its reasons for judgment, it stated'that somie of the pertinent information found in the affidavits, depositions, Constitution and By-laws included the following:

• The General & District' Council have never had a master-servant or employment relationship with the local church or anyone employed by them.
• There is no relationship between General Council, District Council and the local church entities other than on matters of religious doctrine.'
• General and District Council never had any ownership, custody or control of the local church.
• All of the defendants are separately " incorporated with their own officers and directors and with no common officers or directors. They are all insured separately.
• Each defendant oversees its own finances and hires its own employees free of any control from the other.

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185 So. 3d 125, 2016 La. App. LEXIS 29, 2016 WL 154825, Counsel Stack Legal Research, https://law.counselstack.com/opinion/che-v-first-assembly-of-god-lactapp-2016.