Denton v. Chittenden Bank

• Decision Date: 09 December 1994
• Docket Number: No. 93-247,93-247
• Citation: 163 Vt. 62,655 A.2d 703
• Parties: , 130 Lab.Cas. P 57,910 Bernard A. DENTON, Sandra Denton, and Their Minor Children v. CHITTENDEN BANK and Christopher Bishop.
• Court: Vermont Supreme Court

Page 703

655 A.2d 703

163 Vt. 62, 130 Lab.Cas. P 57,910

Bernard A. DENTON, Sandra Denton, and Their Minor Children v. CHITTENDEN BANK and Christopher Bishop.

No. 93-247.

Supreme Court of Vermont.

Dec. 9, 1994.

John J. Collins and Michael J. Harris of Sutherland & Collins, Inc., Burlington, for plaintiffs-appellants.

Heather Briggs and Patricia M. Sabalis of Downs Rachlin & Martin, and Philip D. Saxer and Julie E. Singleton of Saxer, Anderson, Wolinsky & Sunshine, Burlington, for defendant-appellee Chittenden Bank.

Robert R. McKearin of Dinse, Erdmann & Clapp, and Philip D. Saxer and Julie E. Singleton of Saxer, Anderson, Wolinsky & Sunshine, Burlington, for defendant-appellee Bishop.

Before GIBSON, DOOLEY, MORSE and JOHNSON, JJ., and PECK, J. (Ret.), Specially Assigned.

MORSE, Justice.

Plaintiffs Bernard and Sandra Denton, and their children Marc and Sara, appeal a summary judgment ruling in favor of defendants Chittenden Bank and Christopher Bishop dismissing their claims of (1) intentional infliction of emotional distress by Bishop; (2) invasion of privacy by Bishop; (3) breach of employment contract by the bank; (4) breach of an implied covenant of good faith and fair dealing by the bank; and (5) loss of consortium against both defendants. We affirm.

Plaintiffs allege that the facts of this case support the inference that Bishop embarked on an insulting, demeaning, and vindictive course of conduct toward Denton that included ridicule, invasions of privacy, intentional interference with ability to car pool, competitiveness in afterwork sports, and an unreasonable workload, all of which so affected Denton's physical and mental state that he was forced to leave work on permanent disability. Because plaintiffs appeal from summary judgment, we recite the facts most favorably to plaintiffs, giving plaintiffs the benefit of all reasonable inferences.

Bernard Denton began working at Chittenden Bank as a maintenance employee in 1971. In 1981, the bank promoted him to assistant vice-president in charge of buildings and grounds. His supervisor during this time was Richard Fletcher, who regarded Denton as a valuable employee and with whom Denton got along well. In early 1987, Fletcher left the bank, and Christopher Bishop assumed Fletcher's duties as part of a newly created supervisory position.

Before Fletcher left the bank, he apprised Bishop of Denton's strengths and weaknesses as an employee. He told Bishop that Denton was a "hands-on" supervisor who did not function well in areas requiring concentration on figures such as the production of reports, budgets, and forecasts. Fletcher cautioned Bishop not to "push" Denton, that Denton required careful supervision because he was so hardworking, and that it was difficult to get Denton to "slow down" and to take vacations. Under Fletcher's supervision, Denton set a demanding pace for himself, often working nights and weekends to finish projects. Fletcher described Denton as able to handle the stress of his job extremely well.

Bishop directly supervised Denton from April 1987 until October 1988. Bishop's management style did not agree with Denton. During that period, Bishop asked Denton to make reports and required him to meet deadlines. Denton worked more nights and weekends, including one Easter Sunday afternoon to complete his projects on time. Bishop at times shut off Denton's office telephone, telling him that he need not take calls because he needed to get work done. Bishop presented Denton with a dictaphone and suggested he use it to dictate memoranda while jogging so that he could get his work done quicker. Bishop also scheduled early morning meetings over Denton's objection that it would be difficult for him to attend as the Denton family had only one car. Bishop asked Denton to continue to work on and improve memoranda that Denton submitted in final form. Bank management praised only Bishop for a project that he, Denton, and members of other departments had worked on.

Not long after Bishop became Denton's supervisor, the growth of other departments in their building required the bank to move Bishop and Denton from private offices on the fourth floor to offices separated by sliding wooden doors on the fifth floor. Denton wanted these doors closed; Bishop wanted them open with their desks facing each other. As part of what Denton called a childish game, Denton repeatedly closed the doors and Bishop repeatedly opened them. Bishop also opened Denton's files and desk drawers while Denton was on two-month sick leave, on one occasion asked Denton to empty his brief case, and occasionally interrupted Denton's business meetings without knocking.

In this office, as well as after work, Bishop explained to Denton his dissatisfaction with other employees' job performance, and his hiring and firing decisions. Bishop made it abundantly clear that he weighed college degrees heavily in making these decisions. He explained that someone in Denton's position should have a degree and that people now being hired for like positions were required to have one. He made comments like, "It's too bad you don't have a degree," and "I hope we can work on one." Bishop went so far as to tell Denton that the Bank had done Denton an injustice in giving him his position.

Bishop also imposed himself on the Denton family during nonworking hours. He invited Denton to play basketball and volleyball, and changed into his athletic clothes at the Denton home. Denton did not feel comfortable turning down the invitations, and although he thought the request strange, permitted Bishop to change clothes at his home with no objection. Bishop was competitive during these games, often pairing off against Denton, and sometimes calling Denton "old man" in front of Denton's son, Marc, who came to watch his father play. On one occasion, Bishop happened upon Denton and his daughter at a ski resort, invited himself to ride the chair lift with them, told Denton he planned to fire one of Denton's coworkers, and challenged Denton to a race.

Early in April 1988, Denton told Bishop, his coworkers, and members of his family that he had the flu and left work on sick leave which ultimately lasted two months. In truth, Denton was feeling stressed about all the responsibilities Bishop assigned and fearful that he might lose his job. Bishop called the Denton home, as did other employees, approximately twenty times during that two-month period, either to ask Denton a question or to see how he was feeling. Bishop never spoke directly with Denton because the family members who answered the phone kept the conversations short.

On April 10, a Sunday, Bishop and his fiancee visited the Denton home. Mrs. Denton answered the door, and Bishop stepped inside. When Denton came over to the door, Bishop asked him about his health and whether he was on medication and seeing a doctor. The Dentons happened to be celebrating their daughter Sara's birthday, and although Bishop stayed near the front door while speaking with Denton, some guests overheard Bishop's questions.

Denton returned to work at the end of May 1988. He worked four months, taking short-term disability leave in October of 1988 and eventually long-term disability in October of 1989, claiming work-related stress. The bank terminated his employment shortly thereafter, although it paid his disability claims. This action followed.

The moving party on a motion for summary judgment must demonstrate that no genuine issue of material fact exists and that the party is entitled to judgment as a matter of law. V.R.C.P. 56(c). In ruling on the motion, a trial court will give the nonmoving party the benefit of all reasonable doubts and inferences, and will regard the allegations in opposition to the motion as true, so long as those allegations are supported by "affidavits or other evidentiary material." Messier v. Metropolitan Life Ins. Co., 154 Vt. 406, 409, 578 A.2d 98, 100 (1990). We review according to the same standards. Id. We include, however, hearsay information garnered from affidavits submitted by plaintiffs in support of their claims. This inclusion is harmless given our disposition. Cf. Levy v. Town of St. Albans Zoning Board of Adjustment, 152 Vt. 139, 145-46, 564 A.2d 1361, 1365 (1989) (affidavit must be based on personal knowledge to raise genuine issue of material fact).

I. Intentional Infliction of Emotional Distress

To prevail on a claim of intentional infliction of emotional distress, a plaintiff must show extreme and outrageous conduct, done intentionally or with reckless disregard of the probability of causing emotional distress, that has resulted in the suffering of extreme emotional distress. Crump v. P & C Food Markets, Inc., 154 Vt. 284, 296, 576 A.2d 441, 448 (1990); Demag v. American Ins. Cos., 146 Vt. 608, 611, 508 A.2d 697, 699 (1986).

As a threshold issue, the trial court must determine whether the conduct was so extreme and outrageous that a jury could reasonably find liability. Jobin v. McQuillen, 158 Vt. 322, 327, 609 A.2d 990, 993 (1992). The standard for establishing "outrageous" conduct is necessarily a high one. The conduct must be "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and ... be regarded as atrocious, and utterly intolerable in a civilized community." Restatement (Second) of Torts § 46 cmt. d (1965); see Demag, 146 Vt. at 611, 508 A.2d at 699 (plaintiff has "heavy burden to make out a case of outrageous conduct"). The trial court determined that, taking all of plaintiffs' allegations as true, Bishop's conduct did not, as a matter of law, reach the level of extreme outrage necessary to permit a jury to reasonably find liability. We agree.

We have never extended liability to "mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities." See Restatement § 46 cmt. d. Because laws proscribing conduct must be specific enough to give...