Zalkins's Court Case Documents in Zalkin-Watgchtower's Points and Authorities in Reply to OPP-MSJ 12-16-11:
Introduction: During the time Gonzelo Campos abused Dorman, Campos was simply a member of the Linda Visia Spanish congregation, not an agent or employee or Watchtower, and thus, Watchtower is not liable for Campos abuse of Dorman under any theory of liability.
Here, Watchtower was arguing their unliablity over Campos' abuse since he was a simply a Rank & File.
Although an individual becomes a congregation member, publisher, and ordained minister upon his baptism as one of Joehvah's Wktnesses, this does not mean that all Jehovah's Witnesses are agents of their congregation or of Watchtower.
Really? Watchtower can't have it both way.
Jehovah's Witnesses do not engage in the field ministry as representativies or on behalf of Watchtower or any congregation of Jehovah's Witnesses.
In that case, why do we get phone calls from an elder( congregation secetary) to report service time, let alone making a congregational announcement to report field service time monthly? If I don't represent any congregation why do they keep my publisher card with record of service reports in a local congregation file?
The Conti trial transcript on Jury Trial Day 7, June 11, 2012 page 172, Watchtower Defense Attorney McCabe in his closing arguments:
Now, I'm not saying this to shirk responsibility. If Mr.Kendrick had been an elder, I wouldn't be here defending the Congregation, I would advise them to settle this case, pay whatever they want. (credit to Barbara for this finding)
Once again, Watchtower had tried to argue their unliability over Kendrick(perpetrator) and his abuse for he was simply a Rank & file. Suprise, Suprise! The 12 Jury found Watchtower guilty and punished it with the single largest $ amount punitive damage . Therefore the precedent was set for Watchtower. Watchtower's liablity over Rank & File!
Watchtower attorney McCabe was a leading attorney on both cases. He sure spoke double tongue. He said he would have settled the case without fight had the perpetrator been an elder in Conti's trial. But he fought and took 2 years of legal wrangling to even offer to settle out of court with the victims most of them molested when the prepetrator was an elder in Campos trial. He used 'Rank & File' arguments on both cases as a main defensive strategy without prevail.