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Thread: Legal Question

  1. #1
    post hype sleeper cincinnati chili's Avatar
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    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

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  3. #2
    Rally Onion! Chip R's Avatar
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    Re: Legal Question

    bump
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    Re: Legal Question

    Not to get this into a religious debate, but my wife has plenty of stories where people have fell/fainted very hard and very fast, only to be perfectly fine.

    Makes me think this guy faked it in hopes of a lawsuit.

  5. #4
    Rally Onion! Chip R's Avatar
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    Re: Legal Question

    Quote Originally Posted by TeamSelig View Post
    Not to get this into a religious debate, but my wife has plenty of stories where people have fell/fainted very hard and very fast, only to be perfectly fine.

    Makes me think this guy faked it in hopes of a lawsuit.

    One would think if the spirit moved him, the spirit would see to it that no harm came to him when he fell.
    The Rally Onion wants 150 fans before Opening Day.

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  6. #5
    Be the ball Roy Tucker's Avatar
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    Re: Legal Question

    Quote Originally Posted by Chip R View Post
    One would think if the spirit moved him, the spirit would see to it that no harm came to him when he fell.
    Maybe the spirit was trying to tell him something.

    Pay attention to the open sky

  7. #6
    Titanic Struggles Caveat Emperor's Avatar
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    Re: Legal Question

    Quote Originally Posted by Chip R View Post
    One would think if the spirit moved him
    Is the spirit, therefore, guilty of Kidnapping or Abduction?
    Championships Matter.
    23 Years and Counting...

  8. #7
    Member VR's Avatar
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    Re: Legal Question

    I think "the spirit" is code name for "my lawyer"

    "I was overcome by the spirit"
    Baseball is like church. Many attend, few understand

  9. #8
    Hey Cubs Fans RFS62's Avatar
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    Re: Legal Question

    Quote Originally Posted by Roy Tucker View Post
    Maybe the spirit was trying to tell him something.
    "Twenty years from now you will be more disappointed by the things that you didn't do than by the ones you did do. So throw off the bowlines. Sail away from safe harbor. Catch the trade winds in your sails. Explore. Dream. Discover."
    ~ Mark Twain


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