Case Summary

What was supposed to be a “fire object lesson” turned into a traumatic event that left children who attended a church camp in Florida with lifelong injuries.

Our clients, a 10-year-old boy and a 9-year-old girl were standing near the front of a group of children in 2016 when a pastor lit an aluminum tray of cotton balls soaked in rubbing alcohol on fire.

He then told the children to come closer to the state after telling them how dangerous the fire was.

None of the adults who were there, including staff and parent volunteers, raised any concerns and helped guide the children to the stage. The pastor then squirted more alcohol on the blaze to refresh the fire, which acted like a liquid flame shooting into the crowd of children.

Key Highlights

  1. The case settled the day before jury selection
  2. Both families were members of a large evangelical Pentecostal church. The structure of the church for purposes of determining agency, was the central issue in the case. The youth camp was put on by a regional district of the church, a separate legal entity, which was staffed by paid employees and volunteers from local individual churches, also separate entities.
  3. The primary issue was agency. The individual pastor, the local churches with volunteers present, and the district that put on the camp had already settled, so the claim was attempting to hold the top level of the church liable as the agent of the pastor.

Case Analysis

The defendants argued focused on first amendment issues, and included two motions for summary judgment and a writ.

They promised to go to the US Supreme Court if the Plaintiffs succeeded at trial.

Essentially the defendant was arguing that Plaintiffs were not allowed to disagree with the church’s own interpretation of governing documents, and about who is or is not their agent.

Defendant, the top level of the church, argued that a bottom-up church model was essential to the function of their faith, and to impose an obligation upon them to closely monitor every pastor, local church and district would fundamentally change their structure and belief system.

The pastor performing involved was an employee of an individual congregation, and not an employee of the entity being sued.

Outcome and Impact

There is both audio and video of the accident, which left both children with extensive injuries. The girl was more badly hurt than the boy, as she suffered second and third degree burns over more than half of her body, including her eyelids.

Both children were left with considerable scarring across large parts of their bodies including their arms, legs, torsos and faces.

They had dozens of skin grafting and laser grafting procedures and will likely need more in the future.

Additional Case Information

  1. David Baugher. “Fiery accident at Florida church camp yields $21M settlement.” Missouri Lawyers Media. July 29, 2022. https://molawyersmedia.com/2022/07/29/fiery-accident-at-florida-church-camp-yields-21m-settlement/
  2. Zack McDonald. “UPDATE: 2 children burned in camp fire explosion.” News Herald. June 16, 2016. https://www.newsherald.com/story/news/crime/2016/06/16/update-2-children-burned-in-camp-fire-explosion/27602098007/