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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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