Section 22 Clergy Malpractice

• Library: Prof Liability 2005

The tort of ministerial malpractice was discussed in a pre-Gibson v. Brewer, 952 S.W.2d 239 (Mo. banc 1997), case, Hester v. Barnett, 723 S.W.2d 544 (Mo. App. W.D. 1987). The court noted that the statute relied on by the plaintiff was the clergy privilege statute, § 491.060, RSMo (presently § 491.060(4), RSMo 2000). The court concluded that this statute did not create a legal duty that the defendant, a clergyman, was bound to follow. For this reason, the court held that the cause of action for clergy...