Case details

District president defamed him, Lutheran Minister claimed

SUMMARY

$288500

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In the spring of 2008, plaintiff Christopher Benson, 38, an ordained Lutheran minister, had claims made against him by a former parishioner of a church where Benson had previously been assigned. The claims were of sexual misconduct that was alleged to have occurred by Benson seven years earlier. Benson received formal notice of these claims in a letter dated Aug. 1, 2008, and was sent from Robert Newton, President of the California-Nevada-Hawaii District of the Lutheran Church-Missouri Synod. Newton was Benson’s supervisor under synodical law. As such, Benson asserted that Newton owed him certain duties, including confidentiality, to presume his innocence, to conduct a thorough investigation of claims made against him, and to protect his privacy and reputation. A statement of these duties was also in the letter Benson received from Newton. However, three months earlier, in May 2008, Newton sent a letter to civil attorney “Roderick Bushnell” declaring that the allegations of misconduct were all true. The letter went on to inform Bushnell that proceedings to expel Benson from the church had already commenced. Benson claimed he had no notice or knowledge of the May 2008 letter until it was shown to him on Oct. 28, 2009, during his deposition in a civil action brought by the accuser. Benson sued Newton, The Lutheran Church-Missouri Synod and the California-Nevada-Hawaii District of the Lutheran Church-Missouri Synod for libel per se, breach of fiduciary duty, negligence and intentional infliction of emotional distress. However, only the claims of libel per se, negligence and intentional infliction of emotional distress were given to the jury to decide. Plaintiff’s counsel contended that by the nature of Benson’s relationship with Newton, each defendant had a duty to protect Benson’s reputation, protect his privacy, presume his innocence, and conduct a full and unbiased investigation of the allegations made against him. Counsel further contended that if the allegations proved to not be true, each defendant had a duty to exonerate Benson and clear his name. Defense counsel contended that Newton did nothing wrong and merely expressed his “opinions” to Bushnell in the May 2008 letter., Benson claimed that the false allegations forced him to resign his position in the church and give up his calling as a Lutheran minister. He is now 42 and works as a financial consultant. He claimed that he is left with the stigma associated with having been accused of child molestation. Benson claimed that he was upset and humiliated by the incident, causing him severe stress and emotional distress. As a result, he has been treating with a therapist since October 2010, and continues to seek treatment now.
COURT
Superior Court of San Francisco County, San Francisco, CA

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