AUSTIN DAVIS, ET AL. v. COVENANT PRESBYTERIAN CHURCH, ET AL. - Articles

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Posted by: Brittany Sims on Jun 24, 2014

Court: TN Court of Appeals

Attorneys 1:

Duncan Cates Cave, Nashville, Tennessee, for the appellants, Austin Davis, et al.

Attorneys 2:

Thomas M. Donnell, Jr., Autumn L. Gentry, and Kelly M. Telfeyan, Nashville, Tennessee, for the appellees, Covenant Presbyterian Church, et al.

Judge(s): BENNETT

Plaintiffs sued four individual defendants and three religious institutions for invasion of privacy; malicious harassment; assault; intentional infliction of emotional distress; negligence; negligent hiring, training, supervision and retention; and civil conspiracy. The trial court dismissed all of plaintiffs’ causes of action for failure to state a claim upon which relief can be granted. We affirm the dismissal of plaintiffs’ claims against two of the religious institutions for failure to state a claim for vicarious liability. We also affirm the trial court’s dismissal of plaintiffs’ claims for invasion of privacy; malicious harassment; intentional infliction of emotional distress; negligence; negligent hiring, training, supervision and retention; and civil conspiracy. However, having liberally construed the complaint as we must at this stage of the pleading process, we find the complaint states a cause of action for assault against the individual defendants and one of the religious institutions. Therefore, we must reverse the trial court’s dismissal of the plaintiffs’ allegation of assault and affirm the court in all other respects.

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