$17M against Archdiocese of Milwaukee for auto accident

The Archdiocese of Milwaukee finds itself on the hook for $17 million because a volunteer member of a volunteer group that occasionally meets on church property ran a red light. The Legion of Mary visits ailing parishioners and offers transportation to mass; on March 25, 2002, member Margaret Morse, delivering a statue to a parishioner, […]

The Archdiocese of Milwaukee finds itself on the hook for $17 million because a volunteer member of a volunteer group that occasionally meets on church property ran a red light. The Legion of Mary visits ailing parishioners and offers transportation to mass; on March 25, 2002, member Margaret Morse, delivering a statue to a parishioner, ran a red light and struck the car of 82-year-old semiretired barber Hjalmer Heikkinen, paralyzing him and ending his career. Morse’s insurance company tried to shift the burden to the church, which ended up being held responsible on the principle of respondeat superior, the doctrine that holds a business liable for the negligence of its employees. This makes sense for a business, which chooses its employees, and can hire and fire. Is a church supposed to do the same for religious volunteer groups that occasionally meet on its property? That’s one way to ensure there will be less volunteer activity: the church will need to hire someone to supervise and screen volunteer groups in a way that isn’t done now. “‘They really do accommodate a huge amount of groups all the time,’ from religious cooperators such as the Knights of Columbus to secular groups including Alcoholics Anonymous and the Boy Scouts, archdiocese attorney Frank L. Steeves said. ‘These groups are out doing the kinds of things we don’t direct or control in any way.'” $15.5 million of the award was for non-economic damages, though post-trial motions may change the result. (Derrick Nunnally, “Church told to pay $17 million”, Milwaukee Journal-Sentinel, Feb. 18). Update: Feb. 27; the verdict was upheld on appeal.

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