• Key point: A church is not responsible for injuries caused by its minister’s negligent driving unless the minister was acting within the scope of his employment at the time of the accident.

• A Louisiana court ruled that a Catholic diocese was not legally responsible for injuries caused by a priest’s negligent driving since the priest was not acting within the scope of his employment at the time of the accident. A priest, on his day off, was driving home in his own vehicle after having visited an elderly church member. While driving at 50 miles per hour on a state highway the priest struck an 8-year-old boy who was riding his bicycle. The boy had been visible for about 500 feet, and the priest failed to slow down because he was “fascinated” by the boy’s erratic driving. The boy was struggling to control the slightly oversized bicycle that he had received as a gift at Christmas two days before. A state appeals court ruled that the priest had been negligent in failing to slow down when he noticed the boy. However, the court also ruled that the diocese was not legally responsible for the priest’s behavior since the priest was not acting within the scope of his employment at the time of the accident. The court based this conclusion on the following factors: The priest was on his day off; he was driving his own vehicle that was personally insured by him; he was returning from visiting an elderly church member as his own free act; he was not reimbursed by his church or diocese for expenses incurred in visiting the church member; and, neither his church nor diocese asked him to perform priestly functions on his day off. As a result, the court concluded that while the priest was personally responsible for his negligent driving, the diocese and its insurers were not. Weatherford v. Commercial Union Insurance Company, 637 So.2d 1208 (La. App. 1 Cir. 1994).

See Also: Vicarious Liability

© Copyright 1995, 1998 by Church Law & Tax Report. All rights reserved. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m58 m40 c0695