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Muncie church did not invade on grieving couple’s privacy

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A church that issued a press release and held a press conference following the sudden death of a baby boy was found to not have interfered with the parents’ reasonable expectation of solitude and seclusion.  

The Indiana Court of Appeals absolved Westminster Presbyterian Church of Muncie of all the claims brought by the Chengs after their infant son died while in the care of a babysitter recommended by the church’s associate pastor. In Westminster Presbyterian Church of Muncie, an Indiana non-profit corp. v. Yonghong Cheng and Hongjun Niu, husband and wife, as parents of Matthew Cheng, deceased, 18A02-1210-CT-791, the appeals court affirmed in part, reversed in part and remanded with instructions for the trial court to enter summary judgment in favor of Westminster on all counts.

A trial court partially granted Westminster’s motion for summary judgment on the Chengs’ suit against the church for wrongful death, invasion of privacy, and intentional infliction of emotional distress. While the lower court granted the motion for the intentional infliction of emotional distress claim, it denied the motion for the wrongful death and invasion of privacy.

Westminster appealed on the grounds the trial court erred. The Court of Appeals agreed.

In its reversal of the wrongful-death claim, the COA used the factors set forth in Webb v. Jarvis, 575 N.E. 2d 992 (Ind. 1991) and concluded the church did not owe a duty to the Chengs as a matter of law.

Also, in reversing the invasion-of-privacy claims, the appeals court found Westminster did not receive any commercial value by using the Chengs’ name in a press release.

“Under a Webb v. Jarvis analysis, we find that there was no duty of care as a matter of law in this case, when a pastor recommended a babysitter to a parishioner and the child died while in the babysitter’s care,” Judge Nancy Vaidik wrote for the court. “We also find that when the church issued a press release about the death that included the family and child’s names, there was no invasion of privacy because the church did not intrude upon the family’s physical seclusion or profit off of the family’s name, and no intentional infliction of emotional distress because the conduct did not rise to the level of outrageous.”
 

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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

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