The case of Mary C. Smith against Paul Mabrey, Jr., St. Lukes's Evangelical Lutheran Church and Lutheran Church-Missouri Synod will be going to trial.
The suit was filed late last year alleging seven counts: Battery, Assault, Intentional and /or negligent infliction of Emotional Distress, Defamation, Employment Discrimination in violation of Title VII and ADEA, Falsification of employee time sheets and other wage and hour laws and regulations of the Federal Fair Labor Standards Act, and Breach of the employment contract and employment policies.
The Defendants had filed a motion with the Court stating that on February 5, 2001 Joe Knopp attorney for the Plaintiff and William Frost attorney for the Defendant St. Luke's Evangelical Lutheran Church had reached an agreement in the case.
According to the order filed by Judge Meryl Wilson: "Mr. Knopp called Mr. Frost and informed him that the Plaintiff would agree to settle her case if the church would pay her $15,000. That Mr. Knopp testified that he made the proposal after discussion with his client, ant that he believed he had authority from her to make such a proposal and to settle this case. On the same day, Mr. Frost, on behalf of St. Luke's Evangelical Lutheran Church, accepted the proposal."
"That Defendant, St. Luke's filed its Motion asking the Court to confirm the alleged Parol Release and Settlement Agreement in this Court on March 27, 2001."
On April 4, 2001, Mary Smith gave notice she was changing attorneys.
"On April 12, 2001, Plaintiff filed her Motion alleging that she had not entered into the alleged Release and Settlement Agreement nor had she authorized her attorneys to enter into any agreement for her with any or all defendants."
In the order filed May 17, 2001 by District Court Judge Wilson stated: "Therefore, it is the Order, Judgement and Decree of the Court that the Defendant's Motion to Dismiss and Confirm Settlement Agreement be denied."
Attorneys in the Case will meet with Judge Wilson on June 22, to set