Turn Off Ads?
Results 1 to 8 of 8

Thread: Legal Question

Threaded View

  1. #1
    post hype sleeper cincinnati chili's Avatar
    Join Date
    Apr 2001
    Location
    Denver
    Posts
    10,840

    Legal Question

    If someone can sue for this, you can now sue for anything.

    KNOXVILLE (WATE) -- A Sevier County man is suing his former church in South Knoxville, after he claims he was overcome by the spirit, fell backward and hit his head.

    Matt Lincoln, 57, says pastors at Lakewind Church should have made sure someone caught him.

    His attorney is asking for $2.5 million to cover medical bills, lost income and pain and suffering.

    The case stems from a Wednesday night service at Lakewind in June 2007, when a visiting minister was praying for members individually.

    "I just closed my eyes. I was just asking God, I wanted to have a real experience. It's like you faint. It's almost like you pass out," Lincoln says.

    He also says that wasn't unusual.

    "I've fallen out in the spirit before, but have always been caught," Lincoln says. "I always trusted that the catchers would be there because they always were."

    This time, he says, was different.

    "I hit. I hit full force backwards," he says.

    After one year and two surgeries, Lincoln says he still hurts all the time.

    "It's pain in the back and it goes down my legs," he says.

    Lincoln says he only decided to file a lawsuit when his claim for medical bills was denied by the church's insurance company.

    "There's no amount of money that can compensate for what's happened to me. My life is totally altered. There's so much I won't be able to do for the rest of my life," he says.

    Lawyers for the church didn't want to go on camera, but say in an answer to the lawsuit that Lincoln was observed that night by other congregants to be on the floor laughing, that he failed to look out for his own safety and that court involvement with the ministry of this church would be unconstitutional.

    Matt Lincoln's lawyer expects the case to go before a jury sometime next year.

    Quote Originally Posted by Reds/Flyers Fan View Post
    If someone can sue for this, you can now sue for anything.

    KNOXVILLE (WATE) -- A Sevier County man is suing his former church in South Knoxville, after he claims he was overcome by the spirit, fell backward and hit his head.

    Matt Lincoln, 57, says pastors at Lakewind Church should have made sure someone caught him.

    His attorney is asking for $2.5 million to cover medical bills, lost income and pain and suffering.
    Law school exam question:

    If Lakewind Church were to file a third-party claim against "the Spirit," how could Lakewind utilize Tennessee's long-arm statute attain personal jurisdiction over "the Spirit?"

    Quote Originally Posted by cincinnati chili View Post
    Law school exam question:

    If Lakewind Church were to file a third-party claim against "the Spirit," how could Lakewind utilize Tennessee's long-arm statute attain personal jurisdiction over "the Spirit?"
    Well, there are collections at every church every Sunday. As "the Spirit" regularly conducts business in Tennessee, general personal jurisdiction should exist. Also, specific jurisdiction over this cause of action should exist, since "the Spirit" was conducting business in the church that day. Also, obviously, if "the Spirit" really was there that day, then physical presence = personal jurisdiction.

    Quote Originally Posted by top6 View Post
    Well, there are collections at every church every Sunday. As "the Spirit" regularly conducts business in Tennessee, general personal jurisdiction should exist. Also, specific jurisdiction over this cause of action should exist, since "the Spirit" was conducting business in the church that day. Also, obviously, if "the Spirit" really was there that day, then physical presence = personal jurisdiction.
    Good show.

    You get a passing grade.

    Quote Originally Posted by cincinnati chili View Post
    Good show.

    You get a passing grade.
    The real trick is, how do you achieve service of process?

    A question that should be answered first is whether or not long-arm needs to be applied vis-a-vis the spirit. Is the spirit not present in the state in any case. And secondly does Lakewind not have a claim for joinder via principal and agency concepts.

    Quote Originally Posted by Yachtzee View Post
    The real trick
    See Mayo v. Satan and His Staff. A real case where a guy filed a complaint, suing the devil.

    The case was dismissed because the U.S. Marshalls could not find either Satan or his staff.

    Quote Originally Posted by Yachtzee View Post
    The real trick is, how do you achieve service of process?
    I didn't see this before, but the answer is publication.
    Last edited by Chip R; 07-17-2008 at 09:20 AM. Reason: Non-baseball related


Turn Off Ads?

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Board Moderators may, at their discretion and judgment, delete and/or edit any messages that violate any of the following guidelines: 1. Explicit references to alleged illegal or unlawful acts. 2. Graphic sexual descriptions. 3. Racial or ethnic slurs. 4. Use of edgy language (including masked profanity). 5. Direct personal attacks, flames, fights, trolling, baiting, name-calling, general nuisance, excessive player criticism or anything along those lines. 6. Posting spam. 7. Each person may have only one user account. It is fine to be critical here - that's what this board is for. But let's not beat a subject or a player to death, please.

Thank you, and most importantly, enjoy yourselves!


RedsZone.com is a privately owned website and is not affiliated with the Cincinnati Reds or Major League Baseball


Contact us: Boss | GIK | BCubb2003 | dabvu2498 | Gallen5862 | LexRedsFan | Plus Plus | RedlegJake | redsfan1995 | The Operator | Tommyjohn25