Bogan v. General Motors Corp.
| Decision Date | 27 June 2006 |
| Docket Number | No. 4:04CV1503 JCH.,4:04CV1503 JCH. |
| Citation | 437 F.Supp.2d 1040 |
| Parties | Carolyn BOGAN, Plaintiff, v. GENERAL MOTORS CORPORATION, and North American Security Solutions, Defendants. |
| Court | U.S. District Court — Eastern District of Missouri |
Richard P. Hereford, Clayton, MO, for Plaintiff.
David C. Vogel, Bridget B. Romero, Lathrop and Gage, Kansas City, MO, Michael P. McDonald, Jr., Rudoff Law Offices, St. Louis, MO, for Defendants.
This matter is before the Court on Defendant General Motors' Motion for Summary Judgment, filed March 10, 2006. Carolyn Bogan was terminated from her employment at General Motors after she was accused of selling drugs at work. She brought suit against General Motors and North American Security Solutions, the company that General Motors had hired to investigate possible drug sales at the plant. The counts against General Motors allege negligent and intentional infliction of emotional distress, libel, and malicious prosecution. For the reasons discussed below, the Court grants General Motors' Motion for Summary Judgment.
Carolyn Bogan began working for General Motors ("GM") in 1985, most recently at the assembly plant in Wentzville, Missouri. (GM's Statement of Uncontroverted Material Facts, Doc. No. 19 ¶¶ 11-2). In 2000, GM hired North American Security Solutions ("NASS"), a private security firm, to investigate alleged drug sales at the Wentzville plant. (Id. ¶ 5). NASS assigned its employee, Dwayne Harrell, to pose as a GM employee as part of the investigation. (Id. ¶ 6). In his reports to GM, Harrell alleged incidents in which Bogan, as well as several other employees, were observed selling or using drugs. (Id. ¶ 8). He also alleged that Bogan had sold him marijuana. (Id. ¶ 11). During the investigation, Bogan approached the plant manager and plant personnel director to discuss a comment she had overheard regarding her involvement in drug sales. Bogan denied any involvement and offered to take a drug test. (Id. ¶¶ 12-13).
Bogan asserts that, "in his recorded statement to union representatives Dwayne Harrell states that he smoked marijuana during working hours at General Motors; that he drank alcohol before, during and after work every day; that in most of the situations described in his written reports he was so drunk he doesn't remember what occurred; that he made sexual advances toward plaintiff; and that his written reports alleging drug sales were altered."1 (Bogan's Statement of Disputed Material Facts, Doc. No. 27 ¶ 2). She also claims that Harrell says he was instructed by GM, NASS, and the police department specifically to target Plaintiff in his investigation. (Id. ¶ 3).
In August and September, 2002, Bogan was indicted, and then arrested on three counts of drug trafficking. (GM's Statement of Uncontroverted Material Facts, Doc. No. 19 ¶¶ 15-17). A few weeks later, GM terminated Bogan for "inappropriate behavior" (Id. ¶ 24), based on the allegation that she sold drugs to Harrell. (Id. ¶ 25).
On September 7, 2002, the St. Louis Post-Dispatch published an article entitled "Eight employees at GM plant in Wentzville are charged with selling marijuana at work." (Id. ¶ 29). Bogan was listed as one of the eight employees. . In the article, a GM spokesman was quoted as saying that GM has "an absolute zero tolerance for this type of behavior." (GM's Statement of Uncontroverted Material Facts, Doc. No. 19 ¶ 30).
The criminal charges against Bogan were later dismissed.2 (Id. ¶ 23). Bogan was rehired in May 2003 as part of the settlement for a grievance that she filed challenging her termination. (Id. ¶ 28). In July 2003, an unidentified employee at work told Bogan to "watch [her] back." (Id. ¶ 36). Bogan took a month-long medical leave of absence following this incident. (Id. ¶ 37).
Bogan filed her original petition in the Circuit. Court for the City of St. Louis. (Petition, Doc. No. 1). Defendants removed to this Court on October 29, 2004, on the basis of diversity of citizenship 3 jurisdiction. (Notice of Removal, Doc. No. 1). GM filed its Motion for Summary Judgment on March 10, 20064 (Doc. No. 18). The matter is now fully briefed and ready for disposition.
The Court may grant a motion for summary judgment if "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, 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." Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The substantive law determines which facts are critical and which are irrelevant. Only disputes over facts that might affect the outcome will properly preclude summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment is not proper if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Id.
A moving party always bears the burden of informing the Court of the basis of its motion. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. Once the moving party discharges this burden, the nonmoving party must set forth specific facts demonstrating that there is a dispute as to a genuine issue of material fact, not the "mere existence of some alleged factual dispute." Fed. R.Civ.P. 56(e); Anderson, 477 U.S. at 247, 106 S.Ct. 2505. The nonmoving party may not rest upon mere allegations or denials of his pleading. Anderson, 477 U.S. at 256, 106 S.Ct. 2505.
In passing on a motion for summary judgment, the Court must view the facts in the light most favorable to the nonmoving party, and anjustifiable inferences are to be drawn in his favor. Id. at 255, 106 S.Ct. 2505. The Court's function is not to weigh the evidence but to determine whether there is a genuine issue for trial. Id. at 249, 106 S.Ct. 2505.
As a federal court sitting in diversity, this Court must apply the laws of the State of Missouri. Altru Health Sys. v. Am. Prot. Ins. Co., 238 F.3d 961, 962 (8th Cir.2001). The Court looks first to decisions of the Missouri Supreme Court. Blum v. Allstate Ins. Co., 296 F.Supp.2d 1037, 1039 (E.D.Mo.2003). If no relevant decisions are available, the Court will look to Missouri appellate court decisions. Id. The task is "to determine how the Missouri Supreme Court would decide the issue at hand." Id.
Bogan asserts four counts against GM: intentional infliction of emotional distress, negligent infliction of emotional distress, libel, and malicious prosecution. GM moves for summary judgment on all four counts.
Bogan asserts claims for both negligent and intentional infliction of emotional distress. To establish a claim for intentional infliction of emotional distress, a plaintiff must demonstrate that "(1) the defendant's conduct was extreme and outrageous; (2) the defendant acted in an intentional or reckless manner; and (3) the defendant's acts caused plaintiff severe emotional distress that resulted in bodily harm." St. Anthony's Medical Center v. H.S.H., 974 S.W.2d 606, 611 (Mo.Ct.App. 1998). "The conduct must have 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." Gibson v. Brewer, 952 S.W.2d 239, 249 (Mo.1997) (internal quotations omitted). The plaintiff's emotional distress "must be medically diagnosable and must be of sufficient severity so as to be medically significant." Bass v. Nooney Co., 646 S.W.2d 765, 772 (Mo.1983).
Similarly, to recover for negligent infliction of emotional distress, the plaintiff must prove that "(1) the defendant should have realized that his conduct involved an unreasonable risk of causing the distress; and (2) the emotional distress or mental injury must be medically diagnosable and must be of sufficient severity so as to be medically significant." Bass, 646 S.W.2d at 772-73.
GM argues that its motion for summary judgment on the counts for negligent and intentional infliction of emotional distress should be granted for three reasons. First, the conduct was not outrageous or negligent. Second, there is no proof that Bogan's emotional distress was medically diagnosable. And third, both counts are preempted by federal labor law.
GM first asserts that Bogan cannot prove that GM's conduct was outrageous, or negligent, as a matter of law. GM argues that it did nothing more than investigate credible claims of misconduct. Alternately, it asserts that even if Harrell's allegations against Bogan were false, "nothing in the record supports the conclusion that GM doubted the veracity of the operative's written reports on which it based its disciplinary decisions, nor does the evidence suggest that GM acted negligently by relying on them, as the reports prepared by the operative contained no indication that they were false." (GM's Memorandum in Support of Motion for Summary Judgment, Doc. No. 20, at 3).
Bogan's response centers on whether Harrell was an employee or agent of GM. If he were an employee or agent of GM, then his actions might be attributable to GM under the doctrine of respondeat superior. Bogan must establish two elements to prove "an agency relationship: (1) the principal must consent, expressly or impliedly, to the agent's acting on the principal's behalf, and (2) the agent must be subject to the principal's control." Wray v. Samuel V. Rodgers' Cmty. Health Ctr., 901 S.W.2d 167, 170 (Mo.Ct.App.1995). Bogan asserts that there is a genuine issue of material fact as to whether Harrell was an employee of GM, or, in the alternative, that there is no dispute that Harrell was acting as an...
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Bogan v. General Motors Corp., 06-3169.
...alternative, the district court determined the emotional distress claim was preempted by federal labor law. Bogan v. Gen. Motors Corp., 437 F.Supp.2d 1040, 1048, 1050 (E.D.Mo.2006). We GM hired North American Security Solutions (NASS), a private security firm, to investigate alleged drug sa......