Lindsey v. Dempsey
| Decision Date | 27 January 1987 |
| Docket Number | CA-CV,No. 2,2 |
| Citation | 153 Ariz. 230,735 P.2d 840 |
| Parties | , 39 Ed. Law Rep. 343 Ben LINDSEY and Jerri Lindsey, husband and wife, Plaintiffs/Appellants, v. Cedric DEMPSEY and June Dempsey, husband and wife; and Henry Koffler and Phyllis Koffler, husband and wife, Defendants/Appellees. 5786. |
| Court | Arizona Court of Appeals |
Appellants Ben and Jerri Lindsey (hereafter Lindsey) seek reversal of the summary judgment granted in favor of appellees Cedric and June Dempsey (hereafter Dempsey) and Henry and Phyllis Koffler (hereafter Koffler) in Lindsey's suit for breach of contract, fraud, intentional interference with contractual relations, and intentional infliction of emotional distress. On appeal, Lindsey complains of the judgment with regard only to the intentional interference with contract claim against Dempsey and the intentional infliction of emotional distress claim against both Dempsey and Koffler.
Ben Lindsey was hired as the head basketball coach at the University of Arizona in April 1982 and was continued through June 1983. He sued the University for breach of contract, contending he had been given an implied four-year contract as coach. That issue is not before us on this appeal but was the subject of an earlier special action in this court. University of Arizona v. County of Pima, 150 Ariz. 184, 722 P.2d 352 (App.1986). Lindsey also sued Cedric Dempsey, athletic director at the University, and Henry Koffler, president of the University, both in their official capacities and individually. Both moved for summary judgment, and the trial court granted both motions and directed entry of final judgment pursuant to Rule 54(b), Rules of Civil Procedure, 16 A.R.S. This appeal followed.
Lindsey contends that he established a prima facie case of intentional interference with contractual relations which precluded the trial court from entering summary judgment in Dempsey's favor. Lindsey also insists that the trial court made an improper determination of fact in ruling on the motion. We disagree.
Our supreme court recently discussed the tort of intentional interference with contractual relations at some length in Wagenseller v. Scottsdale Memorial Hospital, 147 Ariz. 370, 710 P.2d 1025 (1985). The elements of the tort were set forth by the court as follows:
(1) The existence of a valid contractual relationship or business expectancy;
(2) knowledge of the relationship or expectancy on the part of the interferer;
(3) intentional interference inducing or causing a breach or termination of the relationship or expectancy; and
(4) resultant damage to the party whose relationship or expectancy has been disrupted.
147 Ariz. at 386, 710 P.2d at 1041, quoting Antwerp Diamond Exchange of America, Inc. v. Better Business Bureau of Maricopa County, Inc., 130 Ariz. 523, 530, 637 P.2d 733, 740 (1981). An additional and fifth element of the tort was added by the Wagenseller court that the defendant acted improperly. Dempsey contends that he was privileged to recommend to Koffler that Lindsey not be continued in the 1983-1984 school year. The court in Wagenseller held that the focus in such cases is no longer on privilege; thus, the cases cited by Dempsey are inapplicable.
Dempsey argues Lindsey had no right to anything but a one-year contract; hence, there was no contract with which Dempsey could interfere. Since that issue is not before us in this appeal, we assume, for purposes of this appeal, that a valid, continuing contract existed between Lindsey and the University. Dempsey also contends Lindsey suffered no damages, since he received the benefit of his bargain under his one-year contract. Since we are reviewing a summary judgment, we assume that Lindsey has sustained damages. Gulf Insurance Co. v. Grisham, 126 Ariz. 123, 613 P.2d 283 (1980). For purposes of this appeal then, we assume that Lindsey has established a prima facie case with regard to the first four elements listed above.
In Wagenseller, there was contradictory evidence as to the defendant supervisor's motives in obtaining the plaintiff's discharge from employment. Because the plaintiff produced facts that the supervisor's attitude and behavior toward her had changed since plaintiff had refused to participate in a "mooning" episode and because defendant denied any wrongdoing, the supreme court remanded the case for trial, finding that issues of fact existed. Relying on the Restatement (Second) of Torts § 766 (1977), the supreme court concluded,
We find nothing inherently wrongful in 'interference' itself. If the interferer is to be held liable for committing a wrong, his liability must be based on more than the act of interference alone. Thus, there is ordinarily no liability absent a showing that defendant's actions were improper as to motive or means.
147 Ariz. at 388, 710 P.2d at 1043.
In this case, Lindsey has produced no evidence of any improper motive or action by Dempsey. Lindsey contends that Dempsey was motivated by a desire to use Lindsey as a temporary coach while Dempsey sought to hire a "big-name" coach and that his actions were taken in furtherance of that improper motive. Lindsey's argument, however, is unsupported by any evidence in the record.
The evidence produced by Lindsey below with regard to Dempsey was that Dempsey became athletic director a few months after Lindsey was hired as coach, that during the course of the basketball season Dempsey met several times with Lindsey to discuss problems in the program, that Dempsey met once with the players at their request to discuss their problems with Lindsey, and that Dempsey recommended to Koffler that Lindsey not be continued in the 1983-1984 school year. Dempsey also testified in his deposition that he discussed Lindsey's personal problems with Koffler and with the assistant athletic director and that he listened to reports about Lindsey from other persons.
This case is not like that of Wagenseller. Nor is it similar to Zappa v. Seiver, 706 P.2d 440 (Colo.App.1985), in which the court reversed a summary judgment because fact issues as to the defendant's motives had been raised in the affidavits of both parties. Lindsey argues that the question of improper interference with contract is one of fact and not of law, citing the Restatement (Second) of Torts § 767 comment l (1977) and several cases, only one of which involved an appeal from a summary judgment. Although ordinarily the question is one of fact, the issue may be decided as a matter of law where, as in this case, no evidence of any improper motive or action has been cited to us from the record.
Contrary to Lindsey's assertions, the trial court did not make a finding of fact in ruling on the summary judgment motion. What he found was that "[t]here is no evidence presented to this Court which gives rise to a genuine issue of material fact that the interference by Dempsey was improper or anything more than his duty as athletic director." We agree that Lindsey has failed to show that there was anything improper in Dempsey's conduct and his recommendation that Lindsey be fired. Lindsey has not cited us to anything in the record which indicates Dempsey acted other than in his capacity as Lindsey's supervisor and as athletic director responsible for, among other things, the success of the University's basketball program. We agree that no genuine fact issue was raised as to the cause of action for intentional interference with contract.
Lindsey complains that the trial court erred in granting Dempsey's motion for summary judgment on the cause of action for intentional infliction of emotional distress. He contends that the evidence produced in response to the motion shows extreme or outrageous conduct on the part of Dempsey. We disagree.
The elements of that tort are reckless or intentional conduct, extreme and outrageous conduct, a causal connection between the conduct and the emotional distress, and emotional distress which is severe. Midas Muffler Shop v. Ellison, 133 Ariz. 194, 650 P.2d 496 (App.1982).
When a cause of action for intentional infliction of emotional distress has been alleged, the court determines "whether the defendant's conduct may reasonably be regarded as so extreme and outrageous as to permit recovery, or whether it is necessarily so." Restatement (Second) of Torts § 46 comment h at 77 (1965). A case-by-case analysis applies in this area of tort law. See Cluff v. Farmers Insurance Exchange, 10 Ariz.App. 560, 460 P.2d 666 (1969). There are several cases in which the courts have determined, as a matter of law, that the conduct complained of was not so extreme or outrageous as to require submission of...
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