Fletcher v. Price Chopper Foods of Trumann, Inc.

• Decision Date: 12 June 2000
• Docket Number: Nos. 99-4082,CROSS-APPELLANT,99-4083,CROSS-APPELLEE,s. 99-4082
• Citation: 220 F.3d 871
• Parties: (8th Cir. 2000) LINDA FLETCHER, APPELLANT/, v. PRICE CHOPPER FOODS OF TRUMANN, INC., APPELLEE/ Submitted:
• Court: U.S. Court of Appeals — Eighth Circuit

Page 871

220 F.3d 871 (8th Cir. 2000)

LINDA FLETCHER, APPELLANT/CROSS-APPELLEE, v. PRICE CHOPPER FOODS OF TRUMANN, INC., APPELLEE/CROSS-APPELLANT

Nos. 99-4082, 99-4083

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Submitted: June 12, 2000

Filed: August 9, 2000

Appeals from the United States District Court for the Eastern District of Arkansas

[Copyrighted Material Omitted] Before Wollman, Chief Judge, McMILLIAN, and Bye, Circuit Judges.

Bye, Circuit Judge.

A jury found that Price Chopper Foods of Trumann, Inc. (PCF) intruded upon the seclusion of its former employee, Linda Fletcher. The jury awarded Fletcher both compensatory and punitive damages. After trial, PCF sought judgment as a matter of law as to both the underlying tort claim and the award of punitive damages. The district court denied PCF's motion for judgment on the tort claim, but granted the motion as to the punitive damages award. PCF appeals the denial of its motion for judgment on the tort claim; Fletcher appeals the district court's dismissal of her punitive damages award. We reverse in part and affirm in part.

FACTUAL BACKGROUND

Because Fletcher prevailed at trial, we view the factual record in the light most favorable to her. We also give Fletcher the benefit of all reasonable inferences from the trial record. See White v. Pence, 961 F.2d 776, 779 (8th Cir. 1992) (citing Dace v. ACF Indus., Inc., 722 F.2d 374, 375-76 (8th Cir. 1983)).

PCF operates a grocery store in Trumann, Arkansas. Fletcher began work for PCF as a deli cook in June 1993. In May 1995, Fletcher was diagnosed with diabetes. By August 1996, Fletcher's diabetic condition had deteriorated to the point that her left leg had to be amputated below the knee. At that time, Fletcher ceased working for PCF and rehabilitated her leg.

In March 1997, Fletcher returned to work in the same position at PCF. But in July 1997, Fletcher developed a diabetic ulcer in her right foot. Fletcher's foot ulcer required treatment and dressing at a hospital three times per week. On September 29, 1997, Fletcher spilled hot gravy on her right foot -- the foot suffering from the diabetic ulcer. A co-worker assisted Fletcher in removing her sock and placed burn cream on the exposed portion of her foot. As part of company policy, Fletcher then completed and signed an Arkansas Workers' Compensation form. ¹ That form contained an authorization that permitted the release of Fletcher's medical information.

In early October 1997, Fletcher learned that her right foot had developed a staph infection. Fletcher immediately informed two co-workers of her condition; co-workers eventually conveyed the information to the local store manager. PCF's corporate manager, Marlene Sawyer, testified that she decided to terminate Fletcher's employment that evening because Arkansas health regulations forbid persons infected with a communicable disease (such as staph) from working in the food preparation industry.² Sawyer also admitted, however, that she viewed Fletcher as an "insurance risk" due to Fletcher's prosthetic limb and decreased mobility.

Following her termination, Fletcher applied for state unemployment benefits in Arkansas. In her application, Fletcher claimed that she did not have a staph infection at the time PCF terminated her employment. When Sawyer learned of Fletcher's claim that she had not been infected with staph, Sawyer decided to resolve the inconsistency in Fletcher's story.

Sawyer contacted Fletcher's doctor to ascertain whether Fletcher in fact had a staph infection. Sawyer spoke to Nurse Flemon, who informed Sawyer that such information could not be conveyed without a medical authorization form. According to Flemon, Sawyer responded that PCF employees sign medical information waivers when they begin work at PCF. Sawyer agreed to fax to the doctor's office a copy of Fletcher's authorization. Sawyer proceeded to fax a copy of Fletcher's workers' compensation form that contained a medical authorization. Sawyer also informed Nurse Flemon that, on one occasion, Fletcher had removed the bandage from her foot during work. Flemon interpreted Sawyer's remarks to mean that Fletcher had exposed her infection to the air, an act proscribed by Fletcher's doctor. Based on this information, Fletcher's doctor wrote to Sawyer informing her that Fletcher was indeed infected with the staph virus. The doctor reiterated that Fletcher should not remove her bandages.

In portions of Sawyer's deposition read at trial, Sawyer acknowledged that she did not really need to know whether Fletcher had a staph infection. She stated simply that she wanted to "soothe the fears" of the "other ladies in the store." But on cross-examination, Sawyer added to her explanation, claiming that she needed to know whether Fletcher was infected with staph in order to determine whether Fletcher could return to work in the PCF deli.

PROCEDURAL HISTORY

On December 16, 1998, Fletcher filed a complaint against PCF alleging discrimination on the basis of disability under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101-12213. On September 8, 1999, the district court permitted Fletcher to amend her complaint to add two state-law tort claims, invasion of privacy and outrage. On October 5, 1999, the court granted PCF's motion for summary judgment on the outrage claim, but denied the motion as to Fletcher's ADA claim. The court declined to rule on the invasion of privacy claim at that juncture.

The parties tried the ADA and invasion of privacy claims to a jury on October 6-7, 1999. At the close of Fletcher's case-in-chief, PCF moved for judgment as a matter of law, which the district court denied. The jury ultimately found PCF liable on the state-law invasion of privacy claim, but not liable on the ADA claim. The jury awarded Fletcher $5,000 in compensatory damages and $50,000 in punitive damages. After trial, PCF renewed its motion for judgment as a matter of law as to both the punitive damages award and the invasion of privacy claim. On October 13, 1999, the court granted the motion as to the punitive damages component, but denied the motion as to the underlying claim of invasion of privacy.

Fletcher timely appealed the dismissal of her punitive damages award; PCF timely cross-appealed the denial of its motion for judgment as a matter of law on the invasion of privacy claim.

DISCUSSION

A party who moves for judgment as a matter of law before the case is submitted to the jury may later "renew its request for judgment as a matter of law by filing a motion no later than 10 days after entry of judgment." Fed. R. Civ. P. 50(b). The trial court then has discretion to grant or deny the motion, or order a new trial. See Fed. R. Civ. P. 50(b)(1)(A)-(C).

We review de novo both grants and denials of motions for judgment as a matter of law using the same standard as the district court. See Welfl v. Northland Ins. Co., 192 F.3d 1169, 1172 (8th Cir. 1999) (grant); McKnight v. Johnson Controls, Inc., 36 F.3d 1396, 1400 (8th Cir. 1994) (denial). We must ascertain "whether there is sufficient evidence to support a jury verdict. The panel must analyze the evidence in the light most favorable to the prevailing party and must not engage in a weighing or evaluation of the evidence or consider questions of credibility." White, 961 F.2d at 779 (citation omitted). In sum, we review the district court's decision to grant or deny judgment as a matter of law with great deference to the jury's verdict. See Mears v. Nationwide Mut. Ins. Co., 91 F.3d 1118, 1121 (8th Cir. 1996).

A. Invasion of Privacy

Arkansas first recognized the tort of invasion of privacy in Olan Mills, Inc. v. Dodd, 353 S.W.2d 22 (Ark. 1962), and Dodrill v. Arkansas Democrat Co., 590 S.W.2d 840 (Ark. 1979). In Dodrill, the Arkansas Supreme Court adopted the approach set forth in the Restatement (Second) of Torts, which delineates four separate torts grouped under the rubric "invasion of privacy":

(1) unreasonable intrusion upon the seclusion of another;

(2) appropriation of the other's name or likeness;

(3) unreasonable publicity given to the other's private life; and

(4) publicity that unreasonably places the other in a false light before the public.

See Dodrill, 590 S.W.2d at 844.

Fletcher proceeded under the first of these torts, intrusion upon seclusion. Although the Arkansas courts have seldom adjudicated intrusion upon seclusion claims, their analysis of this particular privacy tort would likely follow the Restatement's discussion. See Alexander v. Pathfinder, Inc., 189 F.3d 735, 742 (8th Cir. 1999). The Restatement defines liability for intrusion upon seclusion as follows:

One who intentionally intrudes, physically or otherwise, upon the solicitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.

Restatement (Second) of Torts 652B (1977).

The tort consists simply of three parts: (1) an intrusion (2) that is highly offensive (3) into some matter in which a person has a legitimate expectation of privacy. See, e.g., Williams v. American Broad. Cos., Inc., 96 F.R.D. 658, 669 (W.D. Ark. 1983) (applying Arkansas law) ("This tort requires actions on the defendant's part in the nature of prying or intrusion which is offensive or objectionable to a reasonable person. The 'thing' into which there is intrusion or prying must be, and be entitled to be, private.").

1. Intrusion

An intrusion occurs when an actor "believes, or is substantially certain, that he lacks the necessary legal or personal permission to commit the intrusive act." O'Donnell v. United States, 891 F.2d 1079, 1083 (3d Cir. 1989) (applying 652B of the Restatement per Pennsylvania law). The trial record leaves little doubt that Sawyer intruded.

Sawyer used a medical authorization from a workers' compensation form to gain information about Fletcher's staph...