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STATE OF MICHIGAN COURT OF APPEALS

JUDITH D. DADD, Plaintiff-Appellee, v MOUNT HOPE CHURCH AND INTERNATIONAL OUTREACH MINISTRIES and DAVID R. WILLIAMS, Defendants-Appellants.

UNPUBLISHED April 9, 2009

No. 278861 Eaton Circuit Court LC No. 05-000878-NO

Before: Hoekstra, P.J., and Fitzgerald and Zahra, JJ. PER CURIAM. Defendants Mount Hope Church and International Outreach Ministries (Mount Hope) and David R. Williams (Williams) appeal as of right a judgment for plaintiff Judith D. Dadd in the amount of $317,255.68. This action arises out of an injury suffered by plaintiff during a religious gathering at Mount Hope and communications subsequently published by Williams. The judgment reflected a jury verdict awarding plaintiff $40,000 for her negligence claim, $23,750 for her claim of false light, $200,000 for her claim of libel and $50,000 for her claim of slander. The judgment also reflects an award of $3,505.68 in various taxes, costs and fees. We affirm in part, reverse in part and remand. I. Basic Facts and Proceedings In July 2002, plaintiff was a member of Mount Hope and Williams was Mount Hope's pastor. During religious gatherings at Mount Hope, Williams sometimes asks congregants "if they would like to give their lives to Jesus and they come down [to the altar]. You've seen it in the Billy Graham crusades . . . . That's an altar call." During altar calls, Williams and other assigned ministers of Mount Hope pray over the congregants who approach the altar. Sometimes, congregants who answer the altar call fall to the ground, a phenomenon referred to as "slain in the spirit." One witness explained the phenomenon as, "[b]asically as if you were being prayed over and, over time, or maybe even suddenly you feel weak. You feel you are no longer able to stand on your own power. It's as if the, the strength is draining out of you. And for different people it could happen rather quickly. For other people it may come gradually.

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Williams testified that congregants do not regularly fall during an altar call, but plaintiff testified that she may have been "slain in the spirit" over 100 times. Sometimes plaintiff would fall to the ground and other times she would not fall. Plaintiff introduced into evidence a recording of one of Williams' sermons in which, while discussing whether congregants should respond to an altar call, he stated that, "[o]thers are against it because they're afraid of getting hurt. That's why we train our ushers to catch people if this happens . . . ." Plaintiff also cites her testimony in which she was asked, "had you ever heard that the defendant, David Williams, told people not to be afraid to come up and be prayed over because there were ushers there to catch people," and she replied, "I heard it from the pulpit." Several witnesses corroborated plaintiff's testimony that ushers were regularly provided during altar calls to catch congregants that fell while being prayed over. On July 18, 2002, plaintiff attended a leadership rally at Mount Hope. There were approximately 275 people at the rally. Ushers attending the rally did not wear identifying coats that they typically wear during Sunday services. At the rally, Williams began an altar call. He eventually called on members of the Women's Ministry, of which plaintiff was a member, to participate in the altar call. Plaintiff proceeded toward the altar, and while waiting, saw other congregants being prayed over falling and being caught by ushers. Williams admitted that, "more than one [person] went down." One witness testified that she was caught by an usher during the altar call. Another witness testified that "people were falling all over." Plaintiff testified that an usher summoned her to the altar and that she went to the altar to be prayed over. While being prayed over by an assistant minister, she was "slain in the spirit," fell backward and struck her head on the floor. Plaintiff sustained a head injury, the seriousness of which was in dispute. Plaintiff went to see John Elieff, a Mount Hope minister, and Patrick Fox, Mount Hope's property manager, to discuss whether Mount Hope would pay plaintiff's medical bills relating to her fall. Plaintiff told them that she had mounting medical bills related to her fall. Plaintiff was informed that $5,000 may be payable through Mount Hope's insurance carrier, Cincinnati Insurance Company (Cincinnati). Plaintiff believed her medical bills would eventually exceed $5,000. Plaintiff retained counsel and filed a complaint for negligence and gross negligence against defendants. The complaint alleged that plaintiff "had been called to the altar by Williams and prayed over on many occasions prior to July 18, 2002, and each time Plaintiff was overcome with the Spirit of the Lord, she was caught by Williams's designees and gently laid down upon the floor." Further, that on July 18, 2002, "[d]efendants did not employ the use of a catcher while praying over Plaintiff." She further alleged that she "was overcome with the Spirit of the Lord and collapsed backwards into a prone position," thereby suffering injuries. Plaintiff essentially alleged defendants were negligent in failing to provide an usher to catch plaintiff when being prayed over. After plaintiff filed her complaint, "[o]ne of [her] friend[s] called . . . and told [her] that her sister-in-law had been at the leadership rally and that [Williams] was talking about [plaintiff] and saying some things that weren't very nice and she thought [plaintiff] should know." Plaintiff acquired an audiotape in which Williams spoke at a leadership rally in regard to plaintiff's claim. After summarizing the events surrounding plaintiff's fall and noting that plaintiff refused to fill -2-

out insurance forms, Williams indicated that "it almost makes you want to think that this was a design. That this, this was a premeditated design

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