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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.