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Westminster Presbyterian Church of Muncie v. Yonghong Cheng

992 N.E.2d 859 (2013)

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Westminster Presbyterian Church of Muncie v. Yonghong Cheng

Indiana Court of Appeals
992 N.E.2d 859 (2013)

Facts

Yonghong Cheng and Hongjun Niu (June) (collectively, the Chengs) (plaintiffs) had a four-month-old son, Matthew. The Chengs attended Westminster Presbyterian Church (Westminster) (defendant). June was starting a new job and needed a babysitter for Matthew. June visited a woman from her Westminster bible study group. The woman suggested a babysitter named Tina Byrd (defendant). The woman then called Westminster’s associate pastor for suggestions, and he also suggested Byrd. Neither the woman nor the associate pastor told June that, two months earlier, a baby had died of sudden unexpected infant death (SUID) while in Byrd’s care. The Chengs hired Byrd to babysit Matthew. Less than a month later, Matthew died of SUID while in Byrd’s care. The Chengs sued Byrd and Westminster in Indiana state court for Matthew’s death. Among other claims, the Chengs brought a negligence claim against Westminster, alleging that Westminster’s associate pastor had acted negligently by recommending Byrd to the Chengs and that this negligence had led to Matthew’s death. Westminster moved for summary judgment, arguing that it could not be liable for negligence because it had not owed any legal duty to the Chengs to find them a safe babysitter. The trial court denied the motion. Westminster appealed to the Indiana Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Vaidik, J.)

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