## Facts

- Vonnie R. Bass attended a crowded revival service at Shepard’s Fold Church of God; insufficient seating caused some parishioners, including Mrs. Bass, to stand in the aisles.
- During the sermon, the minister suggested opening the doors and referred to the possibility of “running.”
- Immediately after the statement, Kenneth Fussell ran (or “trotted”) up the aisle and collided with Mrs. Bass while she was praying in the aisle with her head bowed, causing her to fall and suffer injury.
- Fussell claimed he was acting “under the Spirit of the Lord” and did not remember the collision; a witness testified she saw him run into Mrs. Bass and knock her down.
- Evidence showed Mrs. Bass had attended the church for about 25 years and had never previously seen anyone run in the church or known of injuries or perceived danger during services.
- The trial court dismissed the suit; the court of appeal affirmed; the Louisiana Supreme Court granted review.

## Issues

1. Whether Fussell was negligent in running down the aisle and colliding with Mrs. Bass.
2. Whether the church was negligent in permitting conditions and conduct that created a foreseeable risk of injury (including a crowded aisle and an exhortation contemplating running).
3. Whether recovery was barred by assumption of risk, contributory negligence, or an “Act of God” defense.

## Decision

- The Louisiana Supreme Court reversed the dismissal and held that both Fussell and the church were negligent.
- The Court rejected defenses of assumption of risk and contributory negligence by Mrs. Bass.
- The Court rejected the “Act of God” (force majeure) defense as inapplicable.
- The case was remanded for further proceedings consistent with the finding of liability, including determination of damages.

## Legal Principles

- A person owes ordinary care to avoid physically injuring others in a shared space; religious motivation does not excuse unreasonable conduct that endangers others.
- A claimed lack of control due to religious ecstasy is treated like voluntary impairment and does not eliminate tort responsibility.
- An institution hosting a service must take reasonable steps to keep premises reasonably safe; permitting overcrowded aisles and encouraging conduct likely to increase physical movement can support negligence when injury is foreseeable.
- Assumption of risk and contributory negligence require that the plaintiff unreasonably encounter a known, specific danger; long, incident-free participation in a setting can negate foreseeability of an unusual hazard.
- “Act of God” (force majeure) applies only to irresistible, unforeseeable events beyond human control, not to human conduct within a foreseeable risk setting.

## Conclusion

The court held that a worshiper who runs through a crowded aisle and a church that permits overcrowding and encourages conduct likely to cause running can both be liable in negligence for resulting injuries, and that neither assumption of risk, contributory negligence, nor force majeure barred recovery on these facts.


Bass v. Aetna Ins. Co., 370 So. 2d 511 (La. 1979)