Iglesia Cristiana v. Lm

783 So. 2d 353, 2001 WL 454698
CourtDistrict Court of Appeal of Florida
DecidedMay 2, 2001
Docket3D99-1712
StatusPublished
Cited by37 cases

This text of 783 So. 2d 353 (Iglesia Cristiana v. Lm) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iglesia Cristiana v. Lm, 783 So. 2d 353, 2001 WL 454698 (Fla. Ct. App. 2001).

Opinion

783 So.2d 353 (2001)

IGLESIA CRISTIANA La CASA Del SEÑOR, INC., etc., Appellant,
v.
L.M., etc., Appellee.

No. 3D99-1712.

District Court of Appeal of Florida, Third District.

May 2, 2001.

*354 Dittmar & Hauser and Helen Ann Hauser, Coconut Grove, for appellant.

Gallwey Gillman Curtis Vento & Horn and Karen H. Curtis, Miami; Verploeg & Lumpkin and Michelle M. Niemeyer, for appellee.

Before SCHWARTZ, C.J., and GODERICH and SORONDO, JJ.

PER CURIAM.

Iglesia Cristiana La Casa Del Senor, Inc. (the Church), one of the defendants below,[1] appeals from the trial court's final judgment in favor of L.M.,[2] the plaintiff.

I. Factual Background

L.M. sued Ali Pacheco, the former pastor of the Church, as well as the Southeastern Spanish District Council of the Assemblies of God (District), the General Council of the Assemblies of God (Council), and the Church, alleging that Pacheco had sexually assaulted her in July 1991 when she was a minor.[3] The allegation of sexual assault formed the basis of L.M.'s claims against the Church based on negligent supervision and respondeat superior.

During the pendency of the litigation, the Church corporation dissolved.[4] The *355 District and the Council settled with L.M. and were dismissed from the action by stipulation. The case proceeded to a jury trial against the Church and Pacheco.

The evidence at trial established that at the time the criminal act occurred, L.M. was sixteen years old. Her parents were very protective of her and forbade her to be alone with boys. L.M. spent most of her time attending services and volunteering at the Church, where defendant Pacheco served as pastor from January 1990 to July 1991. Pacheco and his wife, Raquel, were president and vice-president of the corporation, respectively, and both served on the Board of Directors. The Pacheco family and L.M.'s family became friends and would see each other socially.

In May and June of 1991, L.M. received gifts of perfume and flowers with cards signed by a secret admirer. L.M. and her parents testified that they did not know the identity of the secret admirer, although they suspected one of the boys from the Church. They attempted to find out the source of the gifts by inviting the boys out to eat and comparing their handwriting to the one on the cards that L.M. had been receiving. None of the handwriting samples matched, however. Ultimately, L.M. and her mother learned the secret admirer's identity through Raquel Pacheco. L.M.'s mother testified that Mrs. Pacheco advised her that Pacheco was the person who had sent the gifts. She did not specify when Mrs. Pacheco had disclosed this information; her testimony only indicated that she was told before she learned of the sexual assault.

The evidence also revealed that before the criminal act took place, Pacheco visited L.M.'s residence twice when L.M. had been left home alone. L.M.'s parents happened to see him on these occasions but did not suspect Pacheco of any wrongdoing. On another occasion, Pacheco visited L.M. at her school; he justified his presence by stating that he was considering enrolling his daughters there. L.M. told her mother about Pacheco's visit, but did not advise anyone from the Church.

According to L.M., on July 8, 1991,[5] Pacheco called her at work and invited her to lunch to discuss her parents' marital problems. L.M. accepted, and Pacheco picked her up from work between noon and 1:00 p.m. L.M. noticed a sandwich and soft drink in the car. Pacheco drove to a Marriott Hotel. L.M. testified that Pacheco led her to a room he had rented, and told her not to worry because she would finally be cured.[6] He then proceeded to sexually assault her.

Pacheco testified that L.M. consented to having sex. He denied having invited L.M. to lunch to discuss her parents' marital problems. According to him, their meeting was prearranged. They had discussed the matter and had in fact been to the Marriot Hotel on the previous day intending to have sexual relations, but had decided against it. Pacheco testified that he knew what he was doing was wrong, but explained that it was a great temptation *356 in his life. He denied telling L.M. that she would be cured, and admitted that he had an adulterous affair in Venezuela before becoming a minister.

Among the witnesses presented by the Church were Carlos De La Fe, Eduardo Rodriguez, George Wood, and Inerio Murillo, all of whom appeared by way of deposition testimony. Eduardo Rodriguez, a member of the General Presbyter, explained the process that Pacheco had to undergo to become a minister at the Church. According to Rodriguez, the District is responsible for investigating and approving candidates. Rodriguez's testimony established that the District did not wish for the Church to conduct its own independent investigation.

Carlos De La Fe, the Church's deacon, corroborated Rodriguez's testimony. He testified that the Church did not conduct background checks of potential pastors; that task was left to the District. Furthermore, De La Fe testified that prior to Pacheco becoming a pastor at the Church, he was unaware of anything in Pacheco's background that would have prevented him from becoming a pastor.

The General Secretary for the Council, George Wood, testified that the Council had the right to approve ordination of any minister within the organization. Licensing was delegated to the District.

Inerio de Jesus Murillo, a pastor and the president of the National Federation of Assemblies of God, testified that he had known Pacheco for about eighteen years. They met in Caracas, Venezuela, where Pacheco worked as an evangelist. Murillo testified that he was not aware of any problems with Pacheco's background up to that time. Before the crime against L.M., Murillo had no knowledge that Pacheco had been involved in an adulterous relationship.

The trial court denied the Church's motions for directed verdict.

The jury returned a verdict in L.M.'s favor, finding the Church liable for Pacheco's criminal act on the grounds of respondeat superior and negligent supervision. The lower court denied the Church's motion for judgment notwithstanding the verdict and to set aside the verdict and any judgment entered thereon, and entered a final judgment in accordance with the jury's verdict.

II. Analysis

The Church contends that its motions for directed verdict or judgment notwithstanding the verdict on the theories of respondeat superior and negligent supervision should have been granted. We agree.[7]

A. Respondeat Superior

Under the doctrine of respondeat superior, an employer cannot be held liable for the tortious or criminal acts of an employee, unless the acts were committed during the course of the employment and to further a purpose or interest, however excessive or misguided, of the employer. Nazareth v. Herndon Ambulance Serv., Inc., 467 So.2d 1076, 1078 (Fla. 5th DCA 1985); see Perez v. Zazo, 498 So.2d 463, 465 (Fla. 3d DCA 1986)("It is entirely clear that responsibility for the intentional wrongful acts of a servant-employee may be visited upon his master-employer under the doctrine of respondeat superior only when that conduct in some way furthers the interests of the master or is at least *357 motivated by a purpose to serve those interests, rather than the employee's own.")(footnote omitted).

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Cite This Page — Counsel Stack

Bluebook (online)
783 So. 2d 353, 2001 WL 454698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iglesia-cristiana-v-lm-fladistctapp-2001.