A case in point is Big Springs Assembly of God church in Nelson County, Kentucky. Derek Coulter, youth minister, let a 13-year-old drive his SUV after a camp-out three years ago, resulting in a rollover accident and the death of the boy, Jamie Mitchell. Coulter then lied to police and even in his eulogy at the funeral. Another young passenger in the SUV later ratted Coulter out. He was convicted of reckless homicide and sentenced to five years in prison.
Now comes the civil suit. Mitchell's parents are suing the church for $20 million. They claim this was a church-supported camp, church-provided food, and a church employee. All 10 campers were youth group members and group prayers were held. Therefore, Big Springs Assembly, which has since changed its name to Open Door Christian Center, is liable, they contend. Further fueling the parents' argument is that Coulter was supposed to be providing records of activities to the church but didn't, leaving the church blind to what the youth minister was doing. Further, eight other youths said they too had driven or steered the SUV.
The church contends that the camp-out was never on its official schedule, nor approved by the board. Church board minutes show that Coulter was ordered to say he was acting alone in holding the camp-out and that the board didn't know about it. Whether that was coercion or fact will probably be debated.
All that's background so we can take these learnings back to our respective employers. Even if the camp-out was a church function, does the church have liability for an accident it couldn't have anticipated? Or did the board fail to monitor Coulter's actions responsibly?
An Andrew Wolfson story in today's The Courier-Journal in Louisville does a good job analyzing where liability begins and ends. Some of the answers aren't easy, as in the case of Big Springs Assembly, or whatever it calls itself this month.
"Employers may be held responsible for their employees’ misconduct — even their crimes — if they were acting in the scope of their employment, according to University of Louisville professors Mark Rothstein and Ariana Levinson.
"A pizza restaurant, for example, could be on the hook if a delivery person runs over a pedestrian while trying to comply with a 30-minute delivery goal. Same for a law firm that gives its attorneys cellphones, then one of them hits another driver while talking on the phone to a client." (http://www.courier-journal.com/apps/pbcs.dll/article?AID=2012304220064)
Strangely (in my view), experts say that the lawyer's firm wouldn't be liable if he was talking to his mother.
"Even if the employee is not doing his job, the employer may be responsible if the worker was negligently hired or supervised. If, for example, a cable company hires a repairman with a history of violence without checking his record, and he then rapes a customer, there could be employer liability, experts say.
"Levinson said that the courts usually look at whether the employer knew or should have known the employee posed a risk and whether the employee’s conduct was foreseeable."
Pastor, Mavis Bennett said he had never had any complaints about Coulter.
I guess lawyers are our friends after all. They usually prefer to side with "Don't do that" instead of "This minuscule risk looks worth it." Lawyers and crisis managers should work hand in hand to identify potential crises and put out the fires before they flare up. If something doesn't feel right, it usually isn't.
"A pizza restaurant, for example, could be on the hook if a delivery person runs over a pedestrian while trying to comply with a 30-minute delivery goal. Same for a law firm that gives its attorneys cellphones, then one of them hits another driver while talking on the phone to a client." (http://www.courier-journal.com/apps/pbcs.dll/article?AID=2012304220064)
Strangely (in my view), experts say that the lawyer's firm wouldn't be liable if he was talking to his mother.
"Even if the employee is not doing his job, the employer may be responsible if the worker was negligently hired or supervised. If, for example, a cable company hires a repairman with a history of violence without checking his record, and he then rapes a customer, there could be employer liability, experts say.
"Levinson said that the courts usually look at whether the employer knew or should have known the employee posed a risk and whether the employee’s conduct was foreseeable."
Pastor, Mavis Bennett said he had never had any complaints about Coulter.
I guess lawyers are our friends after all. They usually prefer to side with "Don't do that" instead of "This minuscule risk looks worth it." Lawyers and crisis managers should work hand in hand to identify potential crises and put out the fires before they flare up. If something doesn't feel right, it usually isn't.
No comments:
Post a Comment