FRANKFORT, Ky. (Legal Newsline) – The Supreme Court of Kentucky affirmed the Court of Appeals’ decision to grant in part and deny in part the Presbyterian Church’s request for an order to block a trial court from removing its stay of discovery amid a former worker’s defamation lawsuit against it.
The Supreme Court agreed Sept. 27 that the church shouldn’t be obliged to broad discovery that the trial court granted until the church’s immunity status is confirmed. It affirmed the Court of Appeals’ decision to deny discovery that doesn’t concern the church’s immunity.
Still, the Supreme Court added that denying broad discovery concerning the Rev. Eric Hoey’s defamation claim doesn’t exclude all issues of discovery. It said the trial court would be the best party to rule on immunity since it was initially before that court, and the Supreme Court didn’t want to interfere with the discovery process concerning the narrow issue of immunity. It ultimately affirmed the Court of Appeals’ judgment.
Hoey sued the Presbyterian Church (USA) after he was terminated from his position as director of evangelism and church growth with the Presbyterian Ministry Agency (PMA). Hoey and others were alleged to have incorporated an organization outside of the church without authorization.
Hoey initially sued in Jefferson Circuit Court after he was placed on paid administrative leave for six months before he was fired. He said the church defamed him when it reported allegations he “committed ethical violations” to news agencies and other entities, the opinion states.
The church requested summary judgment. Hoey responded with discovery requests, which the lower court granted and the church appealed. It asked the Court of Appeals for an order with claims the lower court revoked its immunity when it granted Hoey discovery “without first making a threshold immunity determination,” according to the ruling. The church wanted the appeals court to consider its immunity and dismiss the discovery approval.
The appeals court granted it in part and pointed out the lower court abused its discretion when it green-lighted a broad discovery. Still, it denied it in part as it would permit discovery as it concerns immunity. The church filed the appeal with the Supreme Court, saying the Appeals Court should have gone further, and the Supreme Court backed the Appeals Court’s ruling.
Justice Samuel T. Wright III authored the majority opinion. Chief Justice John D. Minton and justices Lisabeth Tabor Hughes and Michelle M. Keller concurred.
Justice Daniel J. Venters dissented and said the case against the church should have been dismissed altogether. He pointed out the church provided reasons for firing Hoey, including a failure to properly supervise those under his management and transferring Presbyterian Ministry Agency’s funds into the incorporated entity without its permission.
Venters said Hoey had the burden of proving the church officials lied when they detailed his conduct. Venters said considering this, discovery of any kind isn’t necessary. Justices Bill Cunningham and Laurance B. VanMeter concurred in the dissension