Turner v. The Church of Jesus Christ LDS.

• Decision Date: 25 May 2000
• Docket Number: LATTER-DAY,No. 05-99-00366-CV,05-99-00366-CV
• Citation: 18 S.W.3d 877
• Parties: (Tex.App.-Dallas 2000) JON TURNER AND NICOLE TURNER, Appellants v. THE CHURCH OF JESUS CHRIST OFSAINTS, THE CORPORATION OF THE BISHOP OF THE CHURCH OF JESUS CHRIST OFSAINTS, AND THE CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OFSAINTS, Appellees
• Court: Texas Court of Appeals

Page 877

18 S.W.3d 877 (Tex.App.-Dallas 2000)

JON TURNER AND NICOLE TURNER, Appellants v. THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, THE CORPORATION OF THE BISHOP OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, AND THE CORPORATION OF THE PRESIDENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, Appellees

No. 05-99-00366-CV

In The Court of Appeals Fifth District of Texas at Dallas

May 25, 2000

On Appeal from the 162nd District Court Dallas County, Texas Trial Court Cause No. 95-05883-I

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Before Justices Kinkeade, James, and FitzGerald

OPINION

Opinion By Justice FitzGerald

Jon Turner (Turner) and his wife, Nicole Turner, sued the Church of Jesus Christ of Latter- Day Saints, the Corporation of the Bishop of the Church of Jesus Christ of Latter-Day Saints, and the Corporation of the President of the Church of Jesus Christ of Latter-Day Saints (collectively "the Church") for injuries Turner allegedly suffered as a result of his missionary work for the Church in Guatemala. The Church filed a motion for summary judgment asserting that all of the Turners' causes of action were barred by the First Amendment and that no evidence supported their intentional tort causes of action. The trial court granted the Church's motion for summary judgment. The Turners appeal the take-nothing summary judgment the trial court rendered in favor of the Church. We resolve the issues presented by the Turners against them and affirm the trial court's judgment.

FACTUAL BACKGROUND

The Church of Jesus Christ of Latter-Day Saints is a world-wide religious institution based in Salt Lake City, Utah. The Church takes literally its responsibility set out in the Gospels of St. Matthew and St. Mark to preach the gospel to all peoples and to baptize them. ¹ To this end, the Church has more than 58,000 missionaries in 331 missions in 115 countries and territories around the world introducing people to the Church and spreading the gospel. The missionary program is the Church's primary means of introducing the public to the Church and of bringing new members into its fold. Spreading the Church's message of the gospel is an important responsibility of all Church members. The Church encourages members who are nineteen to twenty-six years of age to become missionaries for the Church for a two-year term.

The missionary's role is to spread the Church's religious message and to baptize new members. Church members wishing to become missionaries apply to the Church with the recommendation of their bishop. The Church's highest governing body, the Quorum of Twelve, selects the missionaries, and the President of the Church notifies the chosen members of their calling to be a missionary. The missionaries are part of the clergy of the Church.

New missionaries attend training courses at a missionary training center before beginning their missions. The training courses instruct the missionaries on religious principles, the "missionary discussions," and the techniques for delivering the Church's message. The training program for missionaries assigned to areas where the language spoken is not the missionary's native tongue lasts eight weeks and includes extensive language training, including doctrinal gospel language training. The missionaries receive instruction on the culture of the area they are assigned to. They also receive guidance to help them in the rigorous life they are about to lead, including medical and health care, companion relationships, and developing "a working relationship with their Heavenly Father." When their training is completed, the missionaries are transported to the area of the world where they will serve their mission. The Church maintains an office in each mission region to assist the missionaries.

Jon Turner is a life-long member of the Church and had wanted to be a missionary since he was eight years old. When he was of age, he applied to the Church to become a missionary and was interviewed by the bishop for his region as well as the regional president concerning his religious beliefs and spiritual preparedness to become a missionary. These authorities approved him and, after passing a physical examination, Turner received a letter from the President of the Church informing him of his calling to be a missionary in Guatemala. After learning he would be living in Guatemala for two years, Turner's research on the country was limited to examining an article on Guatemala in an encyclopedia.

Turner reported to the missionary training center for the United States and Canada in Provo, Utah, on June 9, 1993 for eight weeks' training. He came down with infectious mononucleosis while he was there. He visited the medical clinic several times complaining of being constantly tired and having no energy. The medical staff prescribed a form of penicillin, and Turner's condition improved after a couple of weeks. After Turner completed the training, the Church sent him to its central Guatemala mission on August 9, 1993.

Turner was assigned to a rural area, Pomarrosal, which he described as "a more or less marshy jungle area in the Highlands region" about five hours from Guatemala City. Turner's companion became ill and was returned to the United States, and Turner was reassigned to a larger town, Retalhuleu. For the first few months of his mission, Turner was able to carry out his duties as a missionary with only the usual minor health problems suffered by foreign travelers. Then, in late October 1993, Turner became ill with a fever. Eventually, the fever broke, and Turner's temperature returned to normal. Turner still felt weak, tired easily, and lacked the energy he had before he became ill at the Training Center.

About November 20, 1993, Turner became ill again. He had a fever of 105.8 degrees and a severe headache. He became delirious, and a rash broke out on his arms, legs, neck, and face. A few days later, another missionary took Turner to Guatemala City, where he stayed at the infirmary for missionaries until December 7, 1993. During this period, he felt weak and fatigued, and he continued to suffer from headaches, fever, and nausea. Although he took "numerous medicines," Turner's condition did not improve.

On December 7, 1993, despite his illness, Turner decided to return to his missionary work. As he rode on a bus with his companion, he began to feel sick and dizzy. He stated, "Everything around me seemed distant and dreamlike," and he had to leave the bus immediately. Turner's companion later explained to the mission president that Turner suddenly leaped off the bus because he was afraid someone was chasing him. Turner's illness worsened after a few hours, and he returned to the infirmary where he stayed until December 13. The medicines given to Turner failed to alleviate his symptoms.

On January 1, 1994, the Church flew Turner back to Utah. A Church member took Turner to the Utah Valley Regional Medical Center, a hospital in Provo. Turner signed a consent-to- treatment form and was admitted to the hospital. Turner was placed in the "behavioral science unit." The hospital staff "confiscated" Turner's belongings and, during his first day there, would not allow him to telephone his parents. A missionary who had been with Turner in Guatemala visited him in the hospital and asked the nurse why he was in "the mental ward." The nurse told her that all of Turner's tests were negative, so his symptoms were in his head. The nurse then told Turner he was "not sick, so get out of bed."

Turner's grandparents also visited him in the hospital. After leaving the hospital, they inquired at the "missionary department" about Turner's condition. An employee checked the missionary department's computer and told them "things like Jon was scared, he hallucinated."

On January 6, 1994, the Church flew Turner back to his home in Dallas. Bishop Jay Jones promised Turner that the Church would pay his medical expenses. However, when Turner tried to use the medical insurance card the Church provided him as a missionary, it was rejected. Turner has remained ill, subject to fevers, and lacking energy. Although Turner's symptoms are consistent with malaria, no doctor has been able to clinically diagnose Turner's health problems.

In its summary judgment evidence, the Church explained that it did not provide malaria prophylaxis to missionaries except to those in areas with a high risk of malaria because the prophylaxis medicine has side effects that result in most people refusing to take it. ² The central region of Guatemala where Turner was sent was not considered a high-risk area for malaria. The Church did not provide mosquito netting because it made conditions too hot and most missionaries refused to use it. ³ Although the Church did not provide insect repellant in areas where it could be purchased in local stores, the Church did provide an allowance to the missionaries to purchase insect repellant. Turner testified in his deposition that he used insect repellant.

After Turner returned, he married his wife, Nicole. Turner has been unable to work full time due to his medical difficulties. Turner and Nicole testified that Turner's illness has put a strain on their marriage.

PROCEDURAL BACKGROUND

The Turners sued the Church for negligence, negligent misrepresentation, breach of fiduciary duty, fraud, defamation, defamation per se, breach of contract, negligent breach of contract, invasion of privacy, false imprisonment, conspiracy to commit false imprisonment, breach of warranties, and intentional infliction of emotional distress. The Turners' claims under these causes of action include allegations that the Church failed to warn Turner of the risk of contracting malaria or other diseases, failed to educate him on preventing malaria and other diseases, failed to provide him with adequate protection from insects and...