Bass v. Aetna Insurance Co.

Bass (plaintiff) had worshipped at her church for twenty-five years and, at a crowded revival meeting, stood praying with her eyes closed in an aisle after the reverend asked attendees to clear the aisles so they could respond to the Spirit, including by running. A fellow parishioner, Fussell, ran up the aisle in response and collided with Bass, injuring her. Bass had never in twenty-five years seen anyone run in the church or heard of anyone being injured there. Bass and her husband sued the insurers of Fussell and the church (defendants); the insurers argued Bass assumed the risk by praying in the aisle with her eyes closed and was contributorily negligent. The trial court and court of appeals both dismissed the suit, and the Louisiana Supreme Court granted review.