The moving defendants sought summary judgment dismissing negligence and occupiers’ liability claims arising from an alleged assault between two individuals in a church basement.
The plaintiff alleged church representatives knew of prior threats relating to a private mortgage dispute and failed to warn or protect her, giving rise to vicarious liability and breach of the Occupiers’ Liability Act.
The court held that credibility disputes concerning alleged prior threats and communications with church representatives required viva voce evidence and could not be resolved on a summary judgment record.
However, the plaintiff adduced no evidence linking the national church corporation to the events or establishing vicarious liability against it.
Summary judgment was therefore granted dismissing the claim against that corporation but refused as against the local church.
