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Bailey v. Faulkner

Supreme Court of Alabama
940 So. 2d 247 (2006)


Floyd Bailey, Jr. (defendant) was the pastor of a church attended by James Faulkner (plaintiff) and his wife Paris Faulkner. Mrs. Faulkner was the church secretary. In March 2000, Bailey began counseling the couple for marital problems. At that same time, Bailey and Mrs. Faulkner began a consensual affair that lasted until July 2000. In April, upon learning that Mr. Faulkner had been offered a job that would require relocation—which Mrs. Faulkner did not want—Bailey counseled Mr. Faulkner that the move could harm his marriage. He declined the job offer. Eventually, Mr. Faulkner discovered the affair. Bailey admitted to it and resigned from the church. Mr. Faulkner filed for divorce. He then sued Bailey for providing counseling services in a negligent or wanton manner, thereby causing Mr. Faulkner severe mental anguish. A jury rendered a verdict for Mr. Faulkner and awarded him substantial compensatory and punitive damages. Bailey appealed.

Rule of Law


Holding and Reasoning (Woodall, J.)

Concurrence (Lyons, J.)

Concurrence (Parker, J.)

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