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On January 16, 2001, Dunn visited the Simmons home to discuss the situation.During this meeting, Courtney Davis called 911 and was taken to the hospital for an anxiety attack. On May 18, 2001, Dunn was arrested by Texas police on charges related to his alleged sexual relationship with Christen. Subsequently, the plaintiffs, Christen Davis, Courtney Davis and Tammy Joe Simmons, as natural tutrix for her minor children , filed a petition for damages against the defendants, Dennis Dunn, Frances Duron, Dennis Duron, Denny Duron Evangelistic Association, Inc.Plaintiffs further alleged that after learning of such conduct, Dennis Duron, as pastor of the church, conspired with Frances Duron, Booty and Berlin to conceal Dunn's improper conduct and that Evangel, the Duron Evangelistic Association and the church negligently failed to supervise Dunn.The plaintiffs amended their petition to add as defendants State Farm, the Durons' insurer, Guide One Insurance Company, the insurer for the Duron Evangelistic Association, and Argonaut Great Central Insurance Company, insurer for the church and Evangel. To assert a cause of action for negligent infliction of emotional distress, there must be proof that the defendant violated some legal duty owed to the plaintiff, who must also meet the heavy burden of proving outrageous conduct by the defendant. Thus, in this case, the plaintiffs were required to present evidence showing that the Durons owed them a duty which was breached by outrageous negligent conduct.After filing an application for a supervisory writ with this court, the plaintiffs settled their claims with all defendants except State Farm and the Durons. The mover has the burden of establishing the absence of a genuine issue of material fact. In her deposition, Christen stated that she never heard Dennis Duron tell anyone to burn or destroy the tapes of her phone conversations with Dunn.Plaintiffs appeal the summary judgments rendered in favor of Frances Duron, Dennis Duron and their homeowners' insurer, State Farm. However, if the mover will not bear the burden of proof at trial on the matter, the mover is not required to negate all essential elements of the adverse party's action or defense, but rather to point out to the court the absence of factual support for one or more elements essential to the adverse party's claim or action. Christen complained that although Dennis Duron knew that Dunn had admitted to the improper sexual relationship, Duron said it did not happen.He was ordered to stay away from the victim, to wear a GPS monitoring device, and told not to leave the state.
An exception of no cause of action was filed on behalf of all defendants except Dunn. of Wildlife & Fisheries, 567 So.2d 1081 (La.1990); Succession of Harvey v. Simmons stated that at Dennis Duron's request, she burned tape recordings of telephone conversations between Dunn and Christen.
The court concluded that dismissal of plaintiffs' claims meant that State Farm was not liable as the insurer and alternatively, that the “business pursuits” exclusion clause of the insurance policy was applicable to exclude coverage. Appellate courts review summary judgments de novo under the same criteria that govern the district court's consideration of whether summary judgment is appropriate. Christen Davis stated in her affidavit that after leaving Evangel in January 2001, she met regularly with Frances Duron for home schooling lessons.
The district court rendered summary judgments in favor of Frances and Dennis Duron, Booty, Berlin and State Farm and granted the exception of no cause of action for all defendants except Dunn. According to Christen, during these meetings Frances Duron continued to say that the events were not Christen's fault, but also insisted that nothing had ever really happened between Christen and Dunn.
Brendan’s Church in Dorchester, sexually abused a child over the course of three years starting in 1988.
The victim, now 38 years old, just came forward to police this year.
In 2002, Walsh moved to Michigan and became a priest.