Legal Question

[cincinnati chili]

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.

Originally Posted by Reds/Flyers Fan

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?"

Originally Posted by cincinnati chili

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.

Originally Posted by top6

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.

Originally Posted by cincinnati chili

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.

Originally Posted by Yachtzee

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.

Originally Posted by Yachtzee

The real trick is, how do you achieve service of process?

I didn't see this before, but the answer is publication.

[Chip R]

bump

[TeamSelig]

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.

[Chip R]

Originally Posted by TeamSelig

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.

[Roy Tucker]

Originally Posted by Chip R

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.

[Caveat Emperor]

Originally Posted by Chip R

One would think if the spirit moved him

Is the spirit, therefore, guilty of Kidnapping or Abduction?

[VR]

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

"I was overcome by the spirit"

[RFS62]

Originally Posted by Roy Tucker

Maybe the spirit was trying to tell him something.