Christopher W. Benson v. Robert D. Newton, The Lutheran Church-Missouri Synod, California-Nevada-Hawaii District of the Lutheran Church-Missouri Synod, Does 1 to 50
Published: Dec. 1, 2012 | Result Date: Sep. 26, 2012 | Filing Date: Jan. 1, 1900 |Case number: CGC-10-504923 Verdict – $288,500
Court
San Francisco Superior
Attorneys
Plaintiff
Edward C. Casey Jr.
(Law Offices of Edward C. Casey, Jr.)
Defendant
Bradley S. Thomas
(Thomas Law Firm)
Experts
Plaintiff
Mark A. Cohen
(technical)
Paul S.D. Berg
(medical)
Defendant
Margo Leahy
(medical)
Mary Ann Kim
(medical)
Facts
Plaintiff Christopher Benson was an ordained Lutheran minister. In 2008, a former parishioner of a church where he had previously been assigned made claims against him of a sexual misconduct. The parishioner was a minor at the time of the alleged misconduct. Notice of the allegations was sent to him from defendant Robert Newton, President of the California-Nevada-Hawaii District of the Lutheran Church-Missouri Synod. Given that Newton was Benson's supervisor under synodical law, Benson asserted that Newton owed him certain duties, including confidentiality, presumption of innocence, thorough investigation, and protection of his privacy and reputation. However, three months prior to Benson receiving this notice, Newton had already sent a letter to Roderick Bushnell, a civil attorney, declaring that the allegations were all true and that proceedings to expel Benson had already commenced. Benson claimed he had no knowledge of the letter until 2009, when it was shown to him during a deposition in a civil action brought by the accuser.
Benson then sued Newton, the Synod, and the District for libel per se, negligence and intentional infliction of emotional distress.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant had a duty to protect plaintiff's reputation, privacy, presumption of innocence, and conduct a full and unbiased investigation of the allegations made against him. Plaintiff further contended that the allegations were not true and Newton had damaged his reputation.
DEFENDANTS' CONTENTIONS:
Defendants contended that Newton merely expressed his opinions of Benson in the disputed letter.
Injuries
Benson claimed that the false allegations forced him to resign his position and give up his calling as a minister. Further, that he was left with the stigma associated with having been falsely accused of child molestation. The humiliation caused him severe emotional distress. He continues treatment with a therapist.
Result
Although the jury found Newton's conduct to be negligent and that he defamed Benson, it also found that Newton did not intentionally inflict emotional distress on Benson. The jury then awarded Benson $187,500 in compensatory damages and $101,000 in punitive damages for a total recovery of $288,500.
Deliberation
5.5 hours
Length
eight days
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