Calvary Temple Church of Evansville, Inc. v. Gerard A. Kirsch, 232 N.E.3d 1182

Gerard Kirsch, then a board member at Calvary Temple Church, volunteered to help build a shed on the church’s property in 2019.
While ascending a ladder holding construction materials, Kirsch fell and suffered a severe arm injury with permanent nerve damage.
Kirsch filed a negligence suit against Calvary, alleging it was responsible for his injuries.
Calvary moved for summary judgment, arguing statutory immunity under Indiana Code section 34-31-7-2 limited its liability for injuries on its premises primarily used for worship.
The trial court denied summary judgment; Calvary appealed, focusing on statutory interpretation of “premises used primarily for worship services.”

Issue	Plaintiff's Argument	Defendant's Argument	Held
Interpretation of “premises used primarily for worship services” under Indiana Code § 34-31-7-2	The shed was not used primarily for worship; so Calvary is not immune.	The entire church property (including shed) is covered, so immunity applies.	Only portions used primarily for worship are covered; shed is not, so immunity does not apply.

Burrell v. Meads, 569 N.E.2d 637 (Ind. 1991) (outlines common law premises liability for invitees)
Bartrom v. Adjustment Bureau, Inc., 618 N.E.2d 1 (Ind. 1993) (statutes in derogation of common law must be strictly construed)
Henderson v. New Wineskin Ministries Corp., 160 N.E.3d 582 (Ind. Ct. App. 2020) (interpreted "premises" as premises liability term, but distinguished here)