Appleton v. Board of Education

• Decision Date: 15 August 2000
• Docket Number: (SC 16137)
• Citation: 254 Conn. 205,757 A.2d 1059
• Court: Connecticut Supreme Court
• Parties: SANDRA APPLETON v. BOARD OF EDUCATION OF THE TOWN OF STONINGTON ET AL.

254 Conn. 205

757 A.2d 1059

SANDRA APPLETON v. BOARD OF EDUCATION OF THE TOWN OF STONINGTON ET AL.

(SC 16137)

Supreme Court of Connecticut.

Argued April 27, 2000.

Officially released August 15, 2000.

McDonald, C. J., and Borden, Katz, Palmer and Vertefeuille, JS. Michael C. Deakin, for the appellants (defendants).

Gilbert Shasha, with whom, on the brief, was Juri E. Taalman, for the appellee (plaintiff).

Opinion

VERTEFEUILLE, J.

The issue in this certified appeal is whether the Appellate Court properly concluded that the defendants were not entitled to summary judgment on the plaintiff's claims for (1) intentional infliction of emotional distress, and (2) tortious interference with contractual relations. Following our grant of certification; Appleton v. Board of Education, 249 Conn. 927, 733 A.2d 847 (1999); the defendants, the board of education of the town of Stonington (board), Cherri Rifenburg, the principal of Deans Mill School in Stonington, and Anthony Vacca, assistant principal of Deans Mill School, appealed from the Appellate Court's judgment reversing the trial court's rendering of summary judgment for the defendants on the second and third counts of the plaintiff's complaint. Appleton v. Board of Education, 53 Conn. App. 252, 730 A.2d 88 (1999). We reverse in part the judgment of the Appellate Court.

The Appellate Court's opinion provides the following undisputed facts. "The plaintiff was a tenured teacher who had a contract with the board that began in 1963. Beginning in September, 1995, Rifenburg voiced her displeasure with the plaintiff because she believed that the plaintiff failed to monitor a student properly concerning attendance at an after school program. The particular incident involved a situation in which one of the plaintiff's students boarded a school bus for home when he was supposed to be attending the after school program. The student's parents, who were not at home at the time, registered a complaint with the school. "Subsequently, the plaintiffs competency as a teacher was questioned by the defendants. On September 15, 1995, Rifenburg and a school psychologist met with the plaintiff in her classroom following a report by another teacher that the plaintiff was acting in a strange manner. During this period, Vacca and Rifenburg expressed concern about the plaintiffs health.

"On September 18, 1995, Rifenburg informed the plaintiff that she would be placed on a paid leave of absence. Subsequently, a series of discussions and negotiations arose between the interim superintendent of schools, the board's attorney, counsel for the Connecticut Education Association ... the president of the Stonington Education Association, the plaintiffs union representative and the plaintiff. The plaintiff submitted to two psychological evaluations at the defendants' request. The evaluations indicated that the plaintiff was capable of returning to work. As a result of the negotiations, a memorandum of agreement was drafted and signed by the parties. As part of the agreement, the plaintiff agreed to sign a letter of resignation. On February 5, 1996, the plaintiff submitted a signed letter of resignation to the interim superintendent of schools, which was to be effective in June, 1996, the close of the school year. The plaintiff was allowed to return to work as a curriculum assistant until her resignation was effective." Appleton v. Board of Education, supra, 53 Conn. App. 255-56.

After her resignation, the plaintiff brought this action alleging breach of contract against the board, intentional infliction of emotional distress against all three defendants, and tortious interference with contractual relations against Rifenburg and Vacca. The trial court granted the defendants' motion for summary judgment on all three counts of the plaintiffs complaint. The plaintiff then appealed to the Appellate Court, which affirmed the rendition of summary judgment on the breach of contract claim, but reversed the entry of summary judgment on the claims for intentional infliction of emotional distress and tortious interference with contractual relations. Id., 268. We granted certification to appeal limited to the following issue: "Did the Appellate Court properly conclude that, under the circumstances of this case, the defendant was not entitled to summary judgment on the plaintiffs claims for (1) intentional infliction of emotional distress and (2) tortious interference with contractual relations?" Appleton v. Board of Education, supra, 249 Conn. 927.

"The standards governing our review of a trial court's decision to grant a motion for summary judgment are well established. Practice Book § 384 [now § 17-49] provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.... Miller v. United Technologies Corp., 233 Conn. 732, 744-45, 660 A.2d 810 (1995). In deciding a motion for summary judgment, the trial court must view the evidence in the light most favorable to the nonmoving party.... Id., 745. The party seeking summary judgment has the burden of showing the absence of any genuine issue [of] material facts which, under applicable principles of substantive law, entitle him to a judgment as a matter of law; D.H.R. Construction Co. v. Donnelly, 180 Conn. 430, 434, 429 A.2d 908 (1980); and the party opposing such a motion must provide an evidentiary foundation to demonstrate the existence of a genuine issue of material fact. Practice Book § 381 [now § 17-46].... Suarez v. Dickmont Plastics Corp., 229 Conn. 99, 105, 639 A.2d 507 (1994).... Hertz Corp. v. Federal Ins. Co., 245 Conn. 374, 380-81, 374 A.2d 820 (1998)." (Internal quotation marks omitted.) Rivera v. Double A Transportation, Inc., 248 Conn. 21, 24-25, 727 A.2d 204 (1999).

I

The defendants contend first that the Appellate Court improperly concluded that they were not entitled to summary judgment on the plaintiffs claim for intentional infliction of emotional distress. Specifically, they claim that: (1) the plaintiffs resignation from her employment is fatal to her claim for intentional infliction of emotional distress; and (2) the conduct alleged in the plaintiffs complaint and affidavit is not actionable because it was not extreme and outrageous. We agree with the second of these contentions. Therefore, we need not consider the defendants' contention that the plaintiffs resignation was fatal to her claim for intentional infliction of emotional distress.

"In order for the plaintiff to prevail in a case for liability under ... [intentional infliction of emotional distress], four elements must be established. It must be shown: (1) that the actor intended to inflict emotional distress or that he knew or should have known that emotional distress was the likely result of his conduct; (2) that the conduct was extreme and outrageous; (3) that the defendant's conduct was the cause of the plaintiffs distress; and (4) that the emotional distress sustained by the plaintiff was severe." (Internal quotation marks omitted.) Petyan v. Ellis, 200 Conn. 243, 253, 510 A.2d 1337 (1986). Whether a defendant's conduct is sufficient to satisfy the requirement that it be extreme and outrageous is initially a question for the court to determine. Bell v. Board of Education, 55 Conn. App. 400, 410, 739 A.2d 321 (1999). Only where reasonable minds disagree does it become an issue for the jury. Id.

Liability for intentional infliction of emotional distress requires conduct that exceeds "`all bounds usually tolerated by decent society ....'" Petyan v. Ellis, supra, 200 Conn. 254 n.5, quoting W. Prosser & W. Keeton, Torts (5th Ed. 1984) § 12, p. 60. "Liability has been found only where the conduct has been so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community. Generally, the case is one in which the recitation of the facts to an average member of the community would arouse his resentment against the actor, and lead him to exclaim, `Outrageous!'" 1 Restatement (Second), Torts § 46, comment (d), p. 73 (1965). "Conduct on the part of the defendant that is merely insulting or displays bad manners or results in hurt feelings is insufficient to form the basis for an action based upon intentional infliction of emotional distress." Mellaly v. Eastman Kodak Co., 42 Conn. Sup. 17, 19, 597 A.2d 846 (1991).

The conduct of the defendants in the present case is described in the plaintiff's affidavit in opposition to the defendant's motion for summary judgment. Rifenburg's opposing affidavit does not raise any genuine issue of material fact concerning the defendants' conduct. The plaintiff complains that Rifenburg: "made condescending comments to [her] in front of [her] fellow colleagues questioning [her] vision and ability to read"; telephoned the plaintiffs daughter, representing that the plaintiff "had been acting differently" and should take a few days off from work; and telephoned the police, who came...