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Liability for Calling Church Employees on Their Cell Phones

Family of woman killed in fatal car accident caused by pastor claimed it was due to “negligent distraction.”

Liability for Calling Church Employees on Their Cell Phones

On the morning of October 9, 2013, a pastor employed by both a church and a university campus ministry was driving a motor vehicle when he negligently collided with another vehicle. The driver of the other vehicle (the "decedent"), a married woman with five children, was killed in the accident. At the time of the accident, the pastor was talking on his cell phone with a church employee. The church employee initiated the phone call with the pastor while knowing the pastor was operating a vehicle at the time.

The family of the decedent sued the church for wrongful death, alleging that the accident was due to the "negligent distraction" of the pastor by the church employee who initiated the cell-phone call. The lawsuit alleged that the negligence of the pastor and church employee were imputable to the church since both individuals were church employees who were acting within ...

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Posted:
  • December 20, 2017

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