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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. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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