Henley v. Woodford

By Judge Charles J. Strauss

At issue are the defendants’ pleas of charitable immunity to plaintiff’s claims of negligence. The defendants include the church, Sycamore Baptist Church, and various servants, agents, and volunteers.

Those claiming the defense of charitable immunity must prove two distinct elements. “First, the entity must show it is organized with a recognized charitable purpose and that it operates in fact in accord with that purpose ... second... it must then establish that the tort claimant was a beneficiary of the charitable institutions at the time of the alleged injury.” Ola…