CMYK Thursday, April 30, 2015
Get updates during the week at ClickThePaper.com | 50 ¢
Parker’s story retold in new book. 3B
Civil case against Braselton church concludes By LEANNE AKIN
lakin@clickthepaper.com
In a civil case which concluded earlier this month, a Jackson County jury found in favor of a plaintiff who was sexually assaulted at the age of 14. Defendants in the case included Joshua Taylor Humphrey, who is serving a 20-year sentence for the criminal act, and Zion Baptist Church of Braselton. The crime occurred on public nature trails miles from the church after a church function. There was a witness. The victim had been at the church where Humphrey, who was not a member nor was he a Zion employee and “not actually a youth leader,” had access to the young man. Humphrey did complete a volunteer application, according to the July 11, 2014 decision by the Court of Appeals of Georgia which reversed the summary judgment of the lower court. Court papers show he presented himself to the victim’s parent as a youth leader. The case was originally filed on behalf of “John Doe” by his parents but after he reached age 18, he was able to become “a
Verdict and large monetary settlement comes four years after sexual assault on 14-year-old real party of interest and be named as the plaintiff.” He is note being identified here because of he was a juvenile sexual assault victim. The individual claims of the parents were later “dismissed with prejudice” at their request. That came after the Court of Appeals ruling which paved the way for the civil case to proceed. On appeal, the parents argued “Zion negligently hired, retained and supervised Humphrey and that Zion’s spoliation of evidence also precludes a grant of summary judgment.” It was maintained that a volunteer destroyed some personnel or volunteer files. There were statements obtained from others which should have been red flags that there should be concerns about Humphery, court records show, but concerns were not taken seriously, the family maintained. Zion allowed “him access to youth when Zion
knew or should have known the danger Humphrey presented,” court documents show. Other documents reflect that Humphrey had admitted to previous molestations and other behavior which the plaintiff’s attorneys argued also show neglience. The Court of Appeals said, “Although we agree with the trial court’s conclusion that Zion did not engage in spoliation, we also find that questions of fact remain as to the Allens’ various other negligence claims. We therefore reverse the trial court’s grant of summary judgment to Zion.” The trial was held in Jackson County Superior Court April 6-13 and the jury, with Cassandra Reynolds as foreperson, found that Zion should be 10 percent responsible for the $8 million judgment the jury recommended. A settlement agreement was presented by the plaintiff’s attorneys several days after the jury verdict of April 13 which found Hum-
phrey should pay the remaining 90 percent of the judgment. Attorneys for the plaintiff had asked that “the court enter a judgment which reflects and mirrors the jury’s verdict.” Zion had paid $300,000 to the family and “shall pay a judgment of $800,000 for his claims against Zion Baptist Church together with the post-judgment interest at the statutory rate of prime plus 3 percent.” The plaintiff’s attorney also argued the “inexcusable failure to disclose an umbrella insurance policy despite the plaintiff’s repeated requests for this information spanning over the past four years,” say court filings. “Zion, along with its insurance carrier, Southern Mutual Church Insurance Company, violated their statutory obligations,” the plaintiff contended. That action, it was argued, left the plaintiff “with the mistaken belief that only a single liability policy with limited coverage existed.” Humphrey is currently serving his 20-year prison sentence at Jenkins Correctional Institute in Millen.
LeAnne Akin The Paper
At the recent awards reception hosted at Lawson Funeral Home, West Jackson Fire Department’s B Shift (left) was recognized with a Unit Achievement Medal for the quick and smart handling of the Hoschton Depot arson fire. Chief Ben Stephens credited their efforts and that of other firefighters for the city being able to rebuild, rather than replace, the historic structure. Also honored were the five new recruit class graduates of the 95-hour class with department officers.
West Jackson Fire Department honors firefighters lakin@clickthepaper.com
By LEANNE AKIN
Five new trained professionals added to ranks
The West Jackson Fire Department honors its own during an April 23 reception hosted by James and Carla Lawson of Lawson Funeral Home. Fire Chief Ben Stephens welcomed the crowd to the recognition for graduating class
1-2015. The department also issued longevity medals to three members, promote a firefighter to an officer rank, welcomed a new firefighter and recognized members that participated in two separate incident periods and earned
Unit Achievement Medals. Stephens recognize members of the West JJackson Fire Board in attendance and he welcomed Hoschton Mayor Theresa Kenerly to the podium to assist him in presenting the awards. When it was time to recognize
the new firefighters – Kenny Dove, Crosby Harbin, John Landress, Chia Lee and Kenyon Levine, he invited officers who assisted in the training to join him onstage. Stephens shared how important the training of a recruit class of volunteers is by askiing, “What is a volunteer? An unpaid guy? A
See FIREFIGHTERS, 5A
First, Blue Bell; Now, Fresh Frozen
Food safety concerns: Recalls hitting close to home From staff reports
The Jackson County Schools recently removed Blue Bell frozen dessert products from its cafeterias due to a recent Listeria recall. The recall was originally due to Listeria found in half gallon containers of chocolate chip cookie dough ice cream, which is a product that the schools do not supply, but the company decided to place a recall on all of their products just to be safe. Listeria is an organism which can cause serious and sometimes fatal infections in young children, elderly and frail individuals as well as those with weakened immune systems. Sabra Hummus products were recently recalled due to this bacteria as well and on Friday products from a Jefferson plant were also linked to Listeria. On Friday, Georgia Agriculture Commissioner Gary W. Black began alerting Georgians to the recall of certain products produced in Jefferson for potential
INSIDE Church Entertainment Events Features Forum
3A 7B 6B 3B 6A
health risk consumers. Georgia Department of Agriculture (GDA) inspectors will be checking retail stores and warehouses to make sure the recalled products have been removed from sale. Inventure Foods, Inc. is recalling certain varieties of its Fresh Frozen™ line of frozen vegetables, as well as select varieties of its Jamba “At Home” line of smoothie kits, due to finding of Listeria monocytogenes, in its Jefferson facility. Although healthy individuals may suffer only shortterm symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, listeria infection can cause miscarriages and stillbirths among pregnant women. GDA food safety inspectors are conducting an active investigation with U.S. Food and Drug Administration (FDA) inspectors, working together with the processing facility in Jefferson. To date, there are no known illnesses linked to consumption of these products.
Volume 9, Number 26 Obituaries 4A Police report 7A Puzzles 7B Schools 4B Sports 1-2B
The Fresh Frozen products being recalled include frozen vegetable products dating back to 2013 that were distributed to retail outlets, food service accounts, mass merchandise stores and supermarkets in Georgia as well as 22 other states. Inventure Foods urges consumers who have purchased any of the recalled products not to consume the products; rather, return the products to the store of purchased for a full refund. Contact 1-866-890-1004, email info@inventurefoods.com or visit InventureFoods.com/ Information/FrozenRecall. This is one of several recalls impacting Georgia this week. See www.agr.georgia. gov/recalls.aspx for a comprehensive list. If this recall expands or additional details become available, the website will provide the most upto-date information.
Schools respond to ice cream recall Related to Blue Bell, Debra Morris, Jackson County
School System Nutrition Director, said she believes Blue Bell made the right choice in removing all frozen desserts from the schools. Although the children are heartbroken that their favorite treat has been banished from the weekly lunch menu, Morris said she is relieved that none of her children will contract Listeria due to eating ice cream at school. Jackson County Schools have purchased Blue Bell frozen dessert products for two years. “We are currently brainstorming a new type of dessert that is smart snack approved that we can serve for the remainder of this school year,”said Morris. The Barrow County School System also took the cautious approach and immediately stopped selling Blue Bell ice cream products after the company announced the voluntary recall. In Barrow, the ice cream is sold at the school level as approved school fundraisers under the smart snack guidelines, said Superintendent Chris McMichael.
Got a news tip? Call 706-658-2683 or e-mail editor@clickthepaper.com Want to advertise? Call 706-658-2683 or e-mail dpurvis@clickthepaper.com Delivery questions? Call 770-532-2222 or e-mail circulation@clickthepaper.com
LeAnne Akin The Paper
The recall of Blue Bell frozen products means Tori Strickland and Cathy Little at Hootie’s Dippin’ Parlor in downtown Hoschton are now dipping up Mayfield Dairy ice cream. The shop is hosting a Saturday booksigning. See Page 3B.
The Paper P.O. Box 430 Hoschton, GA 30548
ECRWSS CURRENT RESIDENT
PRSRT STD US POSTAGE PAID PERMIT NO. 13 GAINESVILLE, GA