ProgressOhio

Gongwer News Service Ohio Reports (sub. req.)

An Ohio appeals court has ruled that a Franklin County megachurch must pay $2.8 million in damages and fees as a result of a 2006 incident in which an employee physically abused a child enrolled in a daycare program.

The 10th District Court of Appeals said that sufficient evidence supports jury verdicts against World Harvest Church (WHC), and that the trial judge did not make a mistake in imposing punitive damages.

Appellate Judge Peggy Bryant, writing the court's 3-0 opinion, declined to address the church's claim that the verdicts were against the manifest weight of the evidence.

Michael and Lacey Faieta filed suit against World Harvest Church and Richard Vaughan, an employee of its preparatory school.

The complaint alleged Mr. Vaughan struck and severely beat the couple's two and one-half year old son with an object that left plainly visible marks, cuts, and contusions on the child's back, buttocks, and thighs.

The parents claimed battery and intentional infliction of emotional distress against Mr. Vaughan, and claims of negligent supervision and intentional infliction of emotional distress against WHC.

After a seven-day trial in 2007, a common pleas jury returned an award against the church of $764,235 in compensatory damages and $5 million in punitive damages, as well as attorney fees.

In May 2008, the trial judge applied statutory caps on damages that reduced the amount of the awards. The final judgment was $2.87 million, a total that included $693,861 in attorney fees.

The appellate court opinion, which was released on New Year's Eve, pointed out that Mr. Vaughan admitted he did not know the church's policy on corporal punishment.

"Although Vaughan was not a licensed teacher and never had a job that required him to work with young children, WHC assigned Vaughan the task of supervising young children, usually placing him in the 'Extended Care' program for children in Kindergarten through sixth grade," Judge Bryant said.

Concurring in the opinion were Appellate Judge Lisa Sadler, and retired Appellate Judge Donna Bowman, sitting by assignment.