Summary judgment sought in suit over late pastor’s retirement funds

The family member of a former Baptist pastor is seeking summary judgment in her suit, which alleges the church where the pastor worked refuses to pay her more than $10,000 in retirement that he had allegedly earned.

As previously reported, Jennifer Trainer Preston filed a lawsuit March 8, 2012, in Jefferson County District Court against East Mount Olive Baptist Church.

Preston alleges Arthur Trainer worked as a preacher for East Mount Olive. As part of Turner’s compensation, the church paid $25 per week into his retirement account, according to the complaint.

“At the time of the death of Dr. Arthur Trainer, the account had a balance of $11,628.48,” the suit states. “The church voted to retain the retirement funds paid to the benefit of Dr. Trainer during his life.”

Court records show that on Aug. 7 Preston filed a motion for summary judgment, stating that she disagrees with the church’s position that since Trainer died while still employed, the church should retain the retirement funds.

“The position by defendants here is not just wrong but is unconscionable,” the motion states.

The motion further argues that a jury should determine if the plaintiff is entitled to exemplary damages.

In her suit, Preston alleges the church breached its contract and engaged in fraud.

Michael J. Lindsay, Barrett P. Lindsay and John Pat Parsons of Lindsay, Lindsay and Parsons in Beaumont represent her.

Judge Gary Sanderson, 60th District Court, is assigned to the case.

Case No. B192-141