Liberti v. Walt Disney World Co.

• Citation: 912 F. Supp. 1494
• Decision Date: 08 September 1995
• Docket Number: No. 94-533-CIV-ORL-19.,94-533-CIV-ORL-19.
• Parties: Denise K. LIBERTI, Shannon E. Green, Christine E. Ochoa, Kimberly N. Koth, Angela C. Harper, and Alison H. Swanson, Plaintiffs, v. WALT DISNEY WORLD CO., a Delaware corporation, Defendant.
• Court: United States District Courts. 11th Circuit. United States District Court of Middle District of Florida

912 F. Supp. 1494

Denise K. LIBERTI, Shannon E. Green, Christine E. Ochoa, Kimberly N. Koth, Angela C. Harper, and Alison H. Swanson, Plaintiffs, v. WALT DISNEY WORLD CO., a Delaware corporation, Defendant.

No. 94-533-CIV-ORL-19.

United States District Court, M.D. Florida, Orlando Florida.

September 8, 1995.

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Christi Leigh Underwood, Jon Martin Wilson, Foley & Lardner, Roy B. Dalton, Jr., Yvonne M. Yegge, Martinez & Dalton, P.A., Orlando, FL, for plaintiffs.

Jerry Ray Linscott, James Vincent Etscorn, Joanne Braddock Lambert, Baker & Hostetler, Orlando, FL, for defendant.

ORDER

FAWSETT, District Judge.

This cause came before the Court on the following matters:

1. Defendant Walt Disney World Co.'s, Motion for Summary Judgment on Counts I-VI (intentional infliction of emotional distress) and VII-XII (invasion of privacy) and supporting memorandum of law (Doc. Nos. 168 & 169, filed July 10, 1995); the Affidavit of Carol S. Pacula (Doc. No. 171, filed July 10, 1995); and Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment as to Counts I-VI (intentional infliction of emotional distress) and VII-XII (invasion of privacy) (Doc. No. 282, filed August 7, 1995);

2. Plaintiffs' Motion for Summary Judgment as to Walt Disney World's Twenty-first Affirmative Defense and supporting memorandum of law (Doc. Nos. 177 & 178, filed July 19, 1995). Defendant failed to file a response in accordance with Local Rule 3.01(b).

3. Plaintiffs' Motion to Sever Claim for Attorney Fees and supporting memorandum (Doc. No. 180, filed July 21, 1995). Defendant failed to file a response in opposition in accordance with Local Rule 3.01(b).

4. Plaintiffs' Motion for Summary Judgment as to Defendant's Twenty-fifth and Twenty-sixth Affirmative Defenses and memorandum in support thereof (Doc. Nos. 186 & 187, filed July 31, 1995); Defendant's Memorandum in Opposition to Motion for Summary Judgment as to Defendant's Twenty-fifth and Twenty-sixth Affirmative Defenses (Doc. No. 296, filed August 22, 1995).

5. Defendant's Motion for Summary Judgment as to Counts I-VI (intentional infliction of emotional distress) VII-XII (invasion of privacy), XXV-XXX (negligent supervision) and XXXI-XXXVI (negligent retention) and memorandum in support thereof (Doc. Nos. 188 & 189, filed July 31, 1995); Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment as to Counts I-VII (intentional infliction of emotional distress), VII-XII (invasion of privacy), XXV-XXX (negligent supervision) and XXXI-XXXVI (negligent retention) of the Amended Complaint (Doc. No. 302, filed August 28, 1995);

6. Defendant's Motion for Partial Summary Judgment as to Counts XXXVII-XXXXII of the Amended Complaint and memorandum in support thereof (Doc. Nos. 191 & 192, filed August 1, 1995); Plaintiffs' Memorandum in Opposition to Motion for Partial Summary Judgment as to Counts XXXVII-XXXXII of the Amended Complaint (Doc. No. 301, filed August 28, 1995);

7. Defendant's Motion for Summary Judgment as to Counts I-VI and Counts VII-XII of the Amended Complaint, memorandum in support thereof with appendix (Doc. Nos. 236, 237 & 238, filed August 1, 1995); Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment as to Counts I-VI and Counts VII-XII of the Amended Complaint (Doc. No. 303, filed August 28, 1995);

8. Defendant's Dispositive Motion for Summary Judgment as to Counts XVIX sic, XXII, XXIII and XXIV of the Amended Complaint, memorandum in support thereof with appendix (Doc. Nos. 239, 240, & 241, filed August 1, 1995); Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment as to Counts XVIX, XXII, XXIII and XXIV of the Amended Complaint (Doc. No. 304, filed August 28, 1995);

9. Plaintiffs' Motion with Memorandum in Support for Summary Judgment as to Defendant's Fifteenth Affirmative Defense (Doc. No. 247, filed August 1, 1995) and Defendant's Memorandum in opposition to Motion for Summary Judgment as to Defendant's Fifteenth Affirmative Defense (Doc. No. 300, filed August 28, 1995).

Additional filings:

Defendant filed the depositions or partial deposition transcripts of the following individuals on August 1, 1995: George Bradshaw Allen, III (Doc. Nos. 194 & 245); Charles P. Aitken (Doc. No. 195); John Giangrossi (Doc Nos. 196, 197, 198, 199 & 200); Shannon E. Green (Doc. Nos. 201, 202, 203, & 204); Richard Harbin (Doc. No. 205); Angela Harper (Doc. Nos. 206, 207, 208, & 209); Kimberly Noel Koth (Doc. Nos. 210, 211, 212, 213, & 214); Denise Liberti (Doc. Nos. 215, 216, 217, 218 & 219); Charles S. Moran (Doc. Nos. 220, 221 & 222); Christine Ochoa (Doc. Nos. 223, 224, 225 & 226); Mark Schnallinger (Doc. Nos. 227 & 246); Ingrid Sander (Doc. No. 228); Charles A. Sennewald (plus exhibits) (Doc. Nos. 229, 230 & 231); and Alison H. Swanson (Doc. Nos. 232, 233, 234 & 235). Defendant also filed the Affidavit of Rick Harbin (Doc. No. 243, filed August 1, 1995).

Plaintiffs filed the following depositions or partial deposition transcripts on August 7, 1995: Michael O'Grattan (Doc. No. 255); Roger Nickel (Doc. No. 256); Larry Moore (Doc. No. 257); Darlene Kennedy (Doc. No. 258); Terry Lee Neudecker (Doc. No. 259); Rhonda Morgan (Doc. No. 260); Toby Williams (Doc. No. 261); Donald L. Weschler (Doc. No. 262); Randy Watts (Doc. No. 263); William E. Sullivan (Doc. No. 264); Philip Smith (Doc. No. 265); John Slivonik (Doc. No. 266); Larry Slimick (Doc. No. 267); Harry Parsell (Doc. Nos. 268 & 269); Robert Anthony Rivera (Doc. No. 270); Perry Duran (Doc. Nos. 271 & 272); Bill Burns (Doc. No. 273); Nicholas Buzzek (Doc. No. 274); Michael Paul Cofield (Doc. No. 275); Rick Harbin (Doc. No. 276); Deposition of Carl Booth (Doc. No. 277); Vincent DelaCruz (Doc. No. 278); Michael Crews (Doc. No. 279); James Edward Hertogs (Doc. No. 280); and Jack E. Enter, Ph.D. (Doc. No. 281).

BACKGROUND

Plaintiffs at all times relevant to this action were performers employed by the Defendant Walt Disney World Co. ("Disney"). Plaintiffs Liberti, Green, Ochoa, Koth and Harper were dancers for Disney's "Kids of the Kingdom," and Plaintiff Swanson was a character lead. Kids of the Kingdom dancers dress in a penthouse dressing room located in a tower of Cinderella's Castle, and Plaintiff Swanson dresses in a female-only dressing room located in the Fantasy Land tunnel area.

In May of 1991, while investigating the theft of personal property of female employees from the penthouse dressing area, Disney learned that holes had been made in the walls around the dressing area so that someone could see into it while the performers were undressing and using the restroom. Disney told the female members of the Kids of the Kingdom ("female Kids") that the problems would be remedied. However in July of 1991 the female Kids were informed that a Disney employee had been caught "peeping" and had been fired, so they need not worry about any such problems.

By June of 1991, John Giangrossi, a Disney employee who worked as a costumer for the Plaintiffs and others had commenced an elaborate peeping and videotaping scheme through holes in the walls, arrangement of mirrors in the dressing room and use of an unlocked dumbwaiter in the penthouse changing area as well as in the Fantasy Land tunnel dressing area. Giangrossi made videotapes of the Plaintiffs in various stages of undress and while using the restroom. These videotapes were allegedly shown to other Disney employees, including a group viewing at the bachelor party of a Disney employee.

In September of 1991, Rick Harbin, a Disney Entertainment Division manager was informed of Giangrossi's activities and advised security, which visited and inspected the penthouse dressing area. The female Kids were not informed of the peeping and videotaping activities, and the Plaintiffs allege that Disney knowingly allowed Giangrossi to continue his activity unchecked for three more months and failed to limit his access to this area on his days off or to supervise his activities. During that time, Giangrossi continued to work as a costumer, which brought him into continuous interaction, including physical contact, with the Plaintiffs. During that time, to facilitate his illicit activities Giangrossi also installed a horizontal mirror on the wall of the penthouse area and ran an extension cord¹ through the penthouse area to provide electricity to his video camera.

On January 7, 1992, after learning from an employee that Giangrossi intended to peep on the following day, Disney security personnel planned a "sting" operation by installing its own video camera equipment in the hidden area adjacent to the penthouse dressing area used by Giangrossi to observe and videotape the female Kids. None of the female Kids were advised of this operation or asked for their consent. On January 8, 1992, when Disney security checked to see that the camera it intended to use in the sting operation was working properly, Giangrossi was already hidden in his observation post. Rather than immediately apprehend Giangrossi, Disney taped him taping the female Kids. Giangrossi remained in the hidden place masturbating, observing, and videotaping the female Kids for over 1 hour and 15 minutes. The Plaintiffs who were taped on January 8, 1992 had no knowledge of such activities or of the sting operation at that time and thus did not take any extraordinary measures to protect their privacy.

The video camera used by Giangrossi was owned by Robert Rivera, another Disney employee and costumer who dealt directly with the Plaintiffs. Disney knew from a sworn statement from Rivera that Rivera had loaned the camera to Giangrossi and had viewed some of the tapes made by Giangrossi, yet Disney made no attempt to remove Rivera from his position working closely with the Plaintiffs until the Plaintiffs themselves learned of Rivera's activities and requested that he no longer serve as costumer. He is still employed...