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Allen v. Zion Baptist Church of Braselton

A question of fact remained as to whether the defendant church violated its duty of care in hiring, retaining and supervising a youth program volunteer who sexually assaulted a child.

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On the afternoon of October 24, 2010, after a homecoming festival at Zion Baptist Church of Braselton “Zion”, Joshua Humphrey sexually assaulted a 14-year-old boy he had met while volunteering with the church’s youth group. After the boy’s parents, the Allens, sued Zion and Humphrey, Zion moved for summary judgment, which the trial court granted. On appeal from this ruling, the Allens argue that genuine issues of material fact remain as to their claims that Zion negligently hired, retained, and supervised Humphrey1 and that Zion’s spoliation of evidence also precludes a grant of summary judgment. Although we agree with the trial court’s conclusion that Zion did not engage in spoliation, we also find that questions of fact remain as to the Allens’ various other negligence claims. We therefore reverse the trial court’s grant of summary judgment to Zion.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.” Walker v. Gwinnett Hosp. System, 263 Ga. App. 554, 555 588 SE2d 441 2003 citations and punctuation omitted. A trial court’s grant of summary judgment is reviewed de novo on appeal, construing the evidence in the light most favorable to the non-movant. Ethridge v. Davis, 243 Ga. App. 11, 12 530 SE2d 477 2000.

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