Simpkins v. Grace Brethren Church of Del.

• Decision Date: 08 August 2014
• Docket Number: No. 13 CAE 10 0073.,13 CAE 10 0073.
• Citation: 16 N.E.3d 687
• Parties: Jessica SIMPKINS, et al., Plaintiffs–Appellees/Cross–Appellants v. GRACE BRETHREN CHURCH OF DELAWARE, Ohio, Defendant–Appellant/Cross–Appellee.
• Court: Ohio Court of Appeals

16 N.E.3d 687

Jessica SIMPKINS, et al., Plaintiffs–Appellees/Cross–Appellants

v.GRACE BRETHREN CHURCH OF DELAWARE, Ohio, Defendant–Appellant/Cross–Appellee.

No. 13 CAE 10 0073.

Court of Appeals of Ohio, Fifth District, Delaware County.

Aug. 8, 2014.

John K. Fitch, Stephen Fitch, Columbus, OH, David A. Fitch, Westerville, OH, for plaintiffs-appellees/cross-appellants.

William Curley, James Dorgan III, Columbus, OH, for defendant-appellant/cross-appellee.

W. SCOTT GWIN, P.J., SHEILA G. FARMER, J., and PATRICIA A. DELANEY, J.

Opinion

GWIN, P.J.

{¶ 1} Appellant/Cross–Appellee and Appellees/Cross–Appellants appeal the judgment by the Delaware County Court of Common Pleas.

Facts & Procedural History

{¶ 2} In March of 2008, appellee/cross-appellant Jessica Simpkins (“Simpkins”) was raped by Brian Williams (“Williams”), the senior pastor at Sunbury Grace Brethren Church (“Sunbury”). Williams pled guilty to two counts of sexual battery in violation of R.C. 2907.03(A)(12) and was sentenced to two consecutive four-year prison terms. Williams previously worked as a youth pastor at appellant/cross-appellee Grace Brethren Church of Delaware, Ohio (“Delaware Grace”). Simpkins and her father Gene Simpkins originally sued Sunbury, Delaware Grace, Pastor Darrell Anderson (“Anderson”) and Williams in Ross County Common Pleas Court. While that case was pending, Simpkins settled all claims against Sunbury for $90,000. In June of 2011, Simpkins dismissed the case without prejudice after the Ross County Common Pleas Court granted Delaware Grace's summary judgment motion on all but one of the claims-negligent hiring, retention, and supervision.

{¶ 3} On May 25, 2012, Simpkins re-filed the case in Delaware County Court of Common Pleas against Delaware Grace and Anderson. The complaint alleged that, for a number of years, Williams was employed as a youth pastor by Delaware Grace; that in the early 1990's Delaware Grace learned that Williams had engaged in sexually inappropriate sexual conduct with a minor female associated with Lexington Grace Brethren Church but took no action; that in 2001, Delaware Grace learned that Williams had made inappropriate sexual comments to and inappropriately touched a female he was counseling but took no action; and that in 2004, Williams left his employment with Delaware Grace and became senior pastor at Sunbury with the assistance, financial support, guidance, and supervision of Delaware Grace. Simpkins alleged causes of action for intentional infliction of emotion distress, breach of fiduciary duty, willful wanton and reckless misconduct, negligence, negligent hiring, retention and supervision, failing to report child abuse, and respondeat superior. The complaint sought damages for past and future economic and non-economic injury to Simpkins, punitive damages, and loss of consortium injuries for her father Gene Simpkins.

{¶ 4} Delaware Grace and Anderson filed motions for summary judgment. On March 20, 2013, the Delaware County Common Pleas Court issued a judgment entry incorporating the Ross County judgment entry on summary judgment and dismissing the claims for intentional infliction of emotional distress, breach of fiduciary duty, willful wanton and reckless misconduct, punitive damages, negligence, and respondeat superior. As such, the trial court granted summary judgment to Anderson on all counts. The trial court granted summary judgment to Delaware Grace on all counts except one and permitted a trial on negligent hiring, retention, or supervision, or negligent recommendation, promotion or support. The trial court set the case for trial on June 11, 2013.

{¶ 5} During the preliminary discussions with the trial court, the parties indicated there was some confusion with the trial court's summary judgment entry regarding whether the foreseeability of Williams' conduct was a factual issue to be submitted to the jury. From the bench on June 11, 2013 and in a written entry on June 12, 2013, the trial court issued a revised summary judgment entry stating that, “to the extent that any party construes the Ross County decision as finding no factual issue regarding the Delaware church's ability to anticipate or foresee [Williams'] misconduct, this Court declines to accept or follow that ruling.” The trial court thus expanded the Ross County ruling to permit a trial on claims that the alleged damages proximately resulted from negligence by Delaware Grace in hiring, retaining, or supervising Williams, or in recommending, promoting and supporting his hiring and retention by Sunbury.

{¶ 6} The trial commenced on June 11, 2013. April Brown, fka Jokela (“Brown”) testified that she attended Lexington Grace Brethren Church (“Lexington Grace”) in Richland County and, in the early 1990's, when she was between 13 and 16 years of age, her church went on a joint mission trip with Delaware Grace. Williams was the youth pastor of Delaware Grace at the time. Brown testified that while at a concert during the mission trip, Williams started rubbing her shoulders, moved his hand down her back between her shirt and the overalls she was wearing, and continued to move his hand down right at her panty line so his hand was on her skin on her lower back and the top area of her buttocks. Brown jerked forward and left the concert.

{¶ 7} Brown initially told her friend Jason about the incident during the trip and told her mother, Mary Storz (“Storz”), about the incident when she returned home. Jason Saxton testified that April was upset and shaken up and told him that day that Williams attempted to put his hand up her shirt and then down her pants. Storz reported the incident to Lexington Grace. Brown and Storz testified that there subsequently was a meeting at Lexington Grace between Brown, Storz, Brown's youth pastor, Williams, and other Delaware Grace officials. Brown could not remember the names of the individuals who attended from Delaware Grace, but thought it was a senior pastor and elders or deacons. Brown stated that, during the meeting, she gave a full account of what happened to her, including that she felt scared and uncomfortable, and Williams apologized and said he was sorry if she felt uncomfortable. Brown testified that Delaware Grace officials made light of the incident and acted as if she were making it up. Storz stated that, at the end of the meeting, one of the men from Delaware Grace said, “let's just keep this quiet to protect our brother.” Storz was upset and felt the officials from Delaware Grace were protecting Williams. Neither Brown nor Storz reported the incident to law enforcement and neither contacted Delaware Grace after the meeting to find out if Delaware Grace took any action with regard to Williams.

{¶ 8} Robin Weixel (“Weixel”) fka McNeal testified that she attended Delaware Grace when Williams was the youth pastor. In 2002, when she was eighteen (18) years old, Weixel applied to go on a mission trip and had to meet with a pastor as part of the application process. When she met with Williams, he did several things Weixel felt were inappropriate: shared the details of his sex life with his wife with Weixel; told Weixel that “most men view women as a thing to be fucked;” shared with Weixel his view on women dressing provocatively; used his finger to trace around the outside of the tank top she was wearing over her shoulder; and told her he could get away with having sex with her right there and then in his office, but his guilty conscience would stop him. Weixel reported the incident to Anderson and, during a meeting with Williams and Anderson, Williams told her he did not remember saying those things, but if he did, he was sorry.

{¶ 9} Anderson testified that in 2002 he was the acting senior pastor at Delaware Grace and was on the elder board. Anderson confirmed that though Williams was leaving to be the senior pastor at Sunbury, he remained on the payroll at Delaware Grace until December 31 of 2005. Further, that Delaware Grace gave Sunbury a lot of financial support, including $40,000 in 2005, $20,000 in 2006, and $10,000 in 2007. Anderson said Weixel contacted her after the incident in 2002 and said Williams offended her and she needed Anderson to go with her to talk with Williams. Anderson did not view this as a complaint by Weixel. Anderson testified the conduct was inappropriate as there was sexual language involved. Anderson did not report the conduct to the other members of the elder board, but met with Williams afterwards and told him the conduct was inappropriate. Anderson testified that Weixel never asked him to go further with the information. Further, that he had no other indication that what happened in 2008 would happen and had no knowledge of the Brown incident.

{¶ 10} Gary Underwood (“Underwood”), senior pastor at Delaware Grace since October of 2004, testified that Anderson never told him about the 2002 incident and no records reflect the 2002 incident or the earlier 1990's incident. Underwood confirmed that Delaware Grace provided financial support and guidance to Sunbury after Delaware Grace decided to “plant” a Grace Brethren church in the town of Sunbury. Underwood stated that Williams' behavior was inappropriate and should have been reported. Underwood would not have supported Williams as pastor of Sunbury if he had known about the Brown and/or Weixel incident.

{¶ 11} Williams testified he rubbed Brown's shoulders on the mission trip. He remembers after the incident meeting with David Martin, Jeff Gill, Brown, and the pastor from Lexington Grace. Williams confirmed he was inappropriate with Weixel when he made a statement about having sex with her and when he traced the outline of her tank top. Anderson reprimanded him verbally for his conduct. Williams assumed the board of elders was told, but he did not know. Williams testified Delaware Grace assured him of their support to become pastor of Sunbury and, if they were not going to support him, he was going to look for another job. Williams...