Court must hear woman’s case against Church on 53

FREMONT – A Fremont church may be liable for injuries a woman suffered when she tripped over lumber the pastor left in a hallway in 2011, an appeals court ruled.

The Sixth District Court of Appeals in Toledo last week reversed Judge John Dewey’s decision to dismiss a lawsuit Tonya Turner, of Fremont, filed against the Cathedral Ministries, which is affiliated with the Church on 53.

Sandusky County Common Pleas Court must hear Turner’s case, the appeals court ruled. Turner is seeking an unspecified amount of money for injuries she suffered at the Church on 53.

“Now we go back and try our case,” said Turner’s attorney, James Murray of Sandusky. “We’re looking forward to getting her some justice.”

Cathedral Ministries, however, is considering appealing the decision to the Supreme Court of Ohio, said the organization’s attorney, W. Charles Curley of Columbus.

It has 45 days to file an appeal.

Turner alleges she was at the Church on 53 for a religious education class when she tripped over lumber the Rev. Matthew Coutcher left in the hallway, according to court records.

She broke her foot and had to have multiple surgeries. She then had complications from a staph infection, according to court records.

Murray declined to discuss her current condition.

Coutcher left the materials in the hall because the classroom was under construction, and he moved some things out of it to prepare for the class, records show.

The court decision hinged on whether Turner was considered a licensee or invitee on church property, the attorneys said.

“The duty the church had to her depends on how she is defined,” Murray said.

Dewey initially ruled in favor of the church because he felt Turner was a licensee, meaning she was there for her own benefit.

And if Turner is a licensee, the church only would be liable for willfully creating a hazard — which Turner did not allege it had done — Curley argued in court records.

The appeals court, however, ruled that Turner was active in the church and invited to participate in the class. Therefore, she should expect to be warned about the hazard the lumber created, the court ruled.

“They have a duty of ordinary care,” Murray said. “We have to go back and prove they violated their duty of ordinary care.”

The pastor has since left the Church on 53, Curley said. He had an opportunity for advancement at another church and took it, Curely said.

The lawsuit was not the reason he left, Curley said.

mksmith@gannett.com

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Twitter: @kristinasmithNM