Church Requests Part of Lawsuit to Be Dismissed
By Wendy Mitchell
Attorneys for Vanceburg Christian Church have filed a motion for dismissal, in a lawsuit filed against the church for alleging not take measures to prevent the abuse by a former pastor of an unnamed victim. In the motion, filed Friday, attorney Michael E. Nitardy requested four parts of the claim to be dismissed, “… for failure to state a claim upon which relief can be granted.” Nitardy requested the personal injury, intentional infliction of emotional distress or “outrage,” respondeat superior liability, and punitive damages counts of the lawsuit to be dismissed. He attached past case law to support his request. Nitardy did not address the remaining negligence, breach of fiduciary duty, and premises liability claims in the lawsuit. According to court officials, the case will be in court on Jan. 20. The lawsuit, filed Dec. 23, 2016, claims the Vanceburg Christian Church had a duty to protect the plaintiff from harm and to closely supervise leaders and was negligent in doing so. According to court records, former VCC Pastor Duncan Aker entered a guilty plea in March 2016, to charges relating to the sexual abuse of a "John Doe" between 2007 and 2010, inside the church building and in other areas. The suit alleges, as a result of Akers' abuse, the plaintiff has suffered permanent and lasting damages. The victim is seeking an unnamed amount of compensation for costs of therapy, lost wages due to the victim's inability to work and for the victim to possibly attend a vocational school in order to learn a trade and find employment. "This happened in a time when people were beginning to realize that no child should be left alone with only one person," Attorney Konrad Kircher said in December 2016. "… ‘John Doe’ should never have been left alone with (Aker) and the church failed to protect ‘John Doe’ by allowing it." Aker of Greensburg, Ind., and formerly of Vanceburg, was arrested in May 2015, and charged with five counts of sexual abuse and four counts of sodomy after a Lewis County grand jury handed down an indictment against him in April 2015. Aker pleaded guilty to five counts of first-degree sexual abuse on March 4, 2016. He was sentenced to 10 years in prison, but only has to serve one year with five years probated. He was also sentenced to register as a sex offender and complete a sex offender treatment program. The decision to allow the plea was, in part at the request of the victim’s family, who asked not to take it to trial, officials said. Contact: wendy.mitchell@lee.net
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