This way to the TOP
Falling Faith at the Christian Witness Ministries Wsite
Christian Witness Ministries

Fallen Christian puts faith in the law
By Kelly Burke

Loraine Daly arrived at church armed with her faith. But that faith proved to be misplaced when the spirit of the Lord entered her body and she hit the floor. And there was nobody there to save her.
Religious Affairs Writer, Sydney Morning Herald. September 27 2002 http://www.smh.com.au/articles/2002/09/26/1032734278505.html

Now Ms Daly, 40, is suing the Assemblies of God-affiliated Waterloo church, the Sydney Christian Life Centre, arguing that the church breached its duty of care that Sunday — August 8, 1996.

Ms Daly, of West Como, is claiming up to $750,000 in damages, including future loss of earnings, telling the NSW District Court she suffered brain damage from the fall, leaving her with disabilities including headaches, nausea, memory loss, impaired concentration and a feeling of vagueness.

The court was told by Ms Daly’s lawyer that the Sydney Christian Life Centre had been negligent in failing to ensure there were enough “catchers” — people appointed by the church to cushion the fall of those experiencing what is referred to within the Pentecostal movement as being “slain in the spirit”.

It was also claimed that the church had failed to ensure that the catchers were in position before the Rev Tim Hall started the prayer service, which usually brought on such fainting episodes. And the church had not provided falling members of the congregation with a sufficiently padded area to prevent injury. Instead, when Ms Daly’s spirit was slain, she fell backwards on to a concrete floor covered only in a thin layer of carpet. Nobody came forward to assist her.

The court heard sworn statements from friends of Ms Daly who claimed her personality and behaviour dramatically altered after the incident.

Rev John Wilkinson, who, as pastor of the Sutherland Christian Life Centre employed Ms Daly as his private secretary during the late 1980s, said he believed Ms Daly had possessed “an outstanding mental capacity”.

She had “a photographic memory” before the fall of August 1996, according to another witness.

The court also heard, however, that Ms Daly had previously suffered similar ailments after two car accidents in 1986 and 1993. According to Dr Allan White, a Newcastle-based psychiatrist with 20 years’ experience in the treatment of head injuries, her symptoms were not consistent with a permanent brain injury and it was more likely her condition was the result of anxiety and depression.

UPDATE: October 19th - District Court Judge James Black found yesterday the centre had not been negligent.

“There was no evidence before me that it was normal for people to fall before they were individually prayed for . . .” he said.


Church not liable for Lord’s early fallers

Editorial Note: At the time of going to press we received the following from journalist Kelly Burke. So it would appear the “church” won the first round. Will there be a second? More importantly now that the stage has been set for damage actions of this nature – remember that Benny Hinn was successfully sued for an undisclosed amount, when an older lady was killed by someone “slain in the spirit” falling on her -- will there be other similar actions?


By Kelly Burke

Religious Affairs Writer - Sydney Morning Herald (19-10-2002) Late Edition, p31, News & Features

THE Lord may move in mysterious ways, but the ways of the District Court proved more fathomable yesterday. Justice James Black ruled that a church could not be held responsible for the safety of a parishioner suddenly struck by the spirit of the Lord.

Lorraine Daly, 40, of Como West, was seeking up to $750,000 in damages from an Assembly of God church, the Sydney Christian Life Centre. She claimed the church had been negligent by not providing someone to catch her when she was “slain in the spirit” during a service at Waterloo in August 1996. As a result, the court was told, Ms Daly took “an abrupt plunge” and struck her head on the carpeted concrete floor.

“Each prayee should have a catcher because they are vulnerable,” Robert Toner, the plaintiff’s lawyer, said. People at the Pentecostal centre regularly fell over when they were being prayed for, he said. To fall was not merely a probability “but an anticipation, an encouragement”.

But Ms Daly’s fall was premature, defence barrister Brendan Hull argued. Pastor Tim Hall had not yet reached Ms Daly in the praying queue and it was unreasonable for a church that attracted up to 1000 people to its services each week to provide a catcher to every person likely to be slain in the spirit.

Justice Black raised the prospect that anyone, anywhere, at any time, might suddenly be filled with the spirit of the Lord, fall and injure themselves. And there was no guarantee someone would be on hand to catch them. There was no evidence “that it was normal for people to fall before they were individually prayed for” and he ruled the defendants were not negligent.

Neither the woman nor her legal counsel was available for comment.



[ TOP ] ... [ BACK ]

Appeared in Issue CETF 8.1 December 2002
"...contend for the faith which was once delivered unto the saints" -- Jude v3



NEW! Must read!
Details HERE...
Here is the latest - well worth the read.
Order HERE..
© Copyright 2005 Christian-Witness Ministries, except where noted. All rights reserved

-Last revised-Friday, January 24, 2003