Amoako-Okyere v. Church of the Messiah United Methodist Church
41 N.E.3d 1275
Ohio Ct. App.2015Background
- James McCoy, age 18, died at a Church youth retreat at Camp Cotubic on April 22, 2006; death certified as suicide by hanging.
- McCoy's mother, Tonya Amoako-Okyere, sued Church of the Messiah for negligent supervision (wrongful death/survival claims), alleging the Church assumed a duty to supervise campers.
- Trial evidence (partial transcript) included testimony that the Church had "safe sanctuary" guidelines, a parent consent form, a camp rules flyer prohibiting "prank items," and conflicting accounts about whether the death was suicide or a prank (choking game). A key witness, Adam Conti, invoked the Fifth in deposition and his recorded interview was excluded at trial.
- The trial court granted a directed verdict for the Church at the close of plaintiff's case, finding no duty to supervise an adult decedent and that the fatal prank was not reasonably foreseeable.
- The trial court also admitted the death certificate (as a public vital record) and excluded Conti's recorded interview as inadmissible hearsay/lacking authentication.
- Plaintiff's motion for new trial was denied; plaintiff appealed raising errors as to the directed verdict, denial of new trial, admission of the death certificate, and exclusion of Conti's recording.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Church owed a duty to supervise McCoy | Amoako-Okyere: Church assumed duty to supervise campers and breached it, leading to McCoy's death | Church: McCoy was an adult; no duty to supervise; harm (prank) was not foreseeable | Court: No duty — harm not reasonably foreseeable; directed verdict for Church affirmed |
| Whether directed verdict was proper | Amoako-Okyere: Evidence raised jury question on foreseeability and breach | Church: Evidence legally insufficient; directed verdict appropriate | Court: De novo review — evidence insufficient; directed verdict proper |
| Admissibility of death certificate | Amoako-Okyere: Certificate required expert foundation under Evid.R. 702 | Church: Death certificate is self-authenticating public vital record (Evid.R. 803(9)) | Court: Admission proper; any potential prejudice moot because court viewed facts in plaintiff's favor at directed verdict stage |
| Exclusion of Conti's recorded interview | Amoako-Okyere: Recording is public record/police report and should be admissible/authenticated | Church: Recording was hearsay, not properly authenticated and contains out-of-court statements of unavailable witness | Court: Exclusion affirmed — recording was hearsay not falling within an admissible exception |
Key Cases Cited
- Texler v. D.O. Summers Cleaners & Shirt Laundry Co., 81 Ohio St.3d 677 (1998) (directed verdict standard and that credibility/weight are not considered)
- Goodyear Tire & Rubber Co. v. Aetna Cas. & Surety Co., 95 Ohio St.3d 512 (2002) (standard for directed verdict under Civ.R. 50(A))
- Mussivand v. David, 45 Ohio St.3d 314 (1989) (existence of duty is question of law; foreseeability governs duty)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (appellate presumption of regularity when transcript portions are omitted)
- Vargo v. Travelers Ins. Co., Inc., 34 Ohio St.3d 27 (1987) (coroner's death-certificate findings create a rebuttable presumption concerning cause/manner of death)