Bass v. Aetna Insurance Company

370 So.2d 511 (1979)

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Nature of the Case

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Facts

During a revival service, the Shepard's Fold Church of God was very crowded with not enough seats. P and other parishioners who could not find seats were standing in the aisles of the church. Reverend Jeffers stated that the doors of the church should be opened and referred to the possibility of 'running.' Immediately afterward, Fussell began running up the aisle and ran into P, who was in the aisle praying with her head bowed. P fell and was injured. Fussell testified that he was 'trotting' under the Spirit of the Lord and does not remember actually running into P. Another witness testified that she saw Fussell run into P and knock her down. Ps sued the insurance companies (Ds) of Fussell and Shepard’s Fold Church of God. Ds argued that Bass assumed the risk of her injuries by praying in the aisle with her eyes closed and that P was contributorily negligent. There had been no running accidents in P’s 25-year church membership, and P had never seen anyone running. Thus, she had no reason to assume the risk of injury from such activity. The court dismissed the suit and the appeals court affirmed. P appealed.