Published: May 21, 2013 11:00 PM EDT
Updated: May 21, 2013 4:51 PM EDT

FORT MYERS, Fla. -- An update to a story you saw first on WINK News last week.  Chuck Watlington, the father of Jesse Watlington, 11, who was struck and killed by lightning last year told WINK News another judge has stepped down and recused himself from the lawsuit against McGregor Baptist Church.

Watlington said this is the second time this has happened and he's concerned this will cause unnecessary delays in getting the case to court.

Watlington is suing McGregor Baptist Church for an undisclosed amount of money claiming they were negligent in allowing his son to go out on the football practice field during an electrical storm.