Roe v. Albertson's Inc.

• Decision Date: 04 May 2005
• Docket Number: No. 29596.,29596.
• Citation: 112 P.3d 812,141 Idaho 524
• Parties: Jane ROE, John Roe and Jane Doe, Plaintiffs-Appellants, v. ALBERTSON'S, INC., Tim Repp, individually and in his capacity as a manager of Albertson's Inc., and John Does I through X are entities or individuals who were the agents, employees, independent contractors, subdivisions, franchisees, wholly owned subsidiaries, or divisions of the Defendants herein, Defendants-Respondents.
• Court: Idaho Supreme Court

112 P.3d 812

141 Idaho 524

Jane ROE, John Roe and Jane Doe, Plaintiffs-Appellants, v. ALBERTSON'S, INC., Tim Repp, individually and in his capacity as a manager of Albertson's Inc., and John Does I through X are entities or individuals who were the agents, employees, independent contractors, subdivisions, franchisees, wholly owned subsidiaries, or divisions of the Defendants herein, Defendants-Respondents.

No. 29596.

Supreme Court of Idaho, Boise, January 2005 Term.

May 4, 2005.

Jane Roe, Meridian, argued pro se for appellant.

Wood, Crapo LLC, Salt Lake City, for respondent. Kathryn O. Balmforth argued for respondent.

BURDICK, Justice.

This case arises from the sexual relationship between Tim Repp (Repp), an Albertson's supervisor, and Jane Doe (Doe), a minor and also an Albertson's employee. Doe and her parents sued Albertson's alleging various tort claims for failing to protect Doe from Repp's sexual advances. On motion for summary judgment the district court found in Albertson's favor, holding Doe's and her parents' claims barred by the exclusive remedy provisions of the Idaho Worker's Compensation Act. Doe and her parents (collectively referred to as Appellants) appealed. We reverse and remand the matter for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Both Doe and Repp began working for Albertson's Store No. 161 in July 1999. Doe, a minor, worked as a courtesy clerk (grocery bagger). Repp, who was 38 years old, was employed as an assistant front end manager. Front end managers supervise courtesy clerks.

Beginning in September 1999, Repp started to show favoritism to Doe. He would invite Doe into areas prohibited to courtesy clerks, walk Doe to her car, allow Doe extended breaks, and allow her to act as a cashier, although company policy required that cashiers be 18 years old. In November 1999, Repp made sexual advances to Doe. During November the two kissed, fondled each other, and engaged in oral sex while on duty at Albertson's. The two attempted to have sexual intercourse while at the store, but, because it was too physically painful for Doe, they stopped. By November some employees knew, while others simply questioned the relationship.

On December 4, 1999, store Director Jim Johnson began an investigation. He spoke separately to Doe and Repp. Both Doe and Repp denied the relationship. Johnson suspended Repp pending further investigation. After the investigation, Johnson concluded Repp and Doe had not been involved in a sexual relationship. Nevertheless, as a result of Repp's inappropriate behavior with Doe, on December 9, 1999, Albertson's suspended Repp for six days, demoted him to the position of checker, and transferred him to a different Albertson's store.

After his transfer, Repp continued to communicate with Doe. With Albertson's continuing the investigation, he instructed Doe to deny everything. On or about December 17, Repp asked Doe to meet him at the Albertson's where he worked. She did so, and the two then left Albertson's premises driving to Hillside Park where they engaged in sexual intercourse.

Doe's mother discovered information that lead her to believe Doe and Repp were having a romantic relationship. Doe's mother notified Albertson's on January 25, 2000. Two days later, Albertson's re-interviewed Repp. This time Repp admitted he and Doe were involved in a romantic relationship. Albertson's terminated Repp's employment.

Subsequently, Repp pleaded guilty to the crime of statutory rape in violation of I.C. § 18-6101(1) and was sentenced on October 19, 2000. Repp served one year in jail and one year on work release, and is serving ten years probation. On May 11, 2001, Doe and her parents filed a complaint against Repp and Albertson's alleging negligence, intentional and negligent infliction of emotional distress, negligent hiring, negligent supervision, negligent retention, and negligent training. Albertson's denied responsibility, asserting several defenses including that the Idaho's Worker's Compensation Law precluded recovery.

Albertson's moved for summary judgment. The district court originally denied summary judgment. The court found Doe's alleged injury, a broken hymen, met the definition of injury provided by I.C. § 72-102(17)(c). Furthermore, the alleged injury qualified as an "accident" as the term is defined in I.C. § 72-102(17)(b). The district court also presumed the injury arose out of and in the course of employment. The district court then analyzed whether the exception provided in I.C. § 72-209(3) applied to circumvent the worker's compensation law. The district court determined that when viewing the facts in a light most favorable to Doe, there was enough evidence presented to deny summary judgment because there was an issue whether or not Albertson's impliedly authorized Repp's behavior.

Albertson's moved for reconsideration, presenting additional briefing to the district court on whether Albertson's impliedly authorized Repp's behavior. On reconsideration the district court analyzed the provisions of I.C. § 72-209(3) in accordance with agency law and principles. The district court then granted summary judgment in Albertson's favor, finding the exceptions contained in I.C. § 72-209 inapplicable and that the worker's compensation law precluded the suit against Albertson's.

Doe and her parents moved for reconsideration. The district court denied the motion, issued a Rule 54(b) certificate, and awarded $16,539.38 in costs to Albertson's. Doe and her parents timely appealed.

STANDARD OF REVIEW

This Courts review of a district courts ruling on motion for summary judgment is the same as that required of the trial court when ruling on the motion. Sun Valley v. Rosholt, Robertson & Tucker, 133 Idaho 1, 3, 981 P.2d 236, 238 (1999). On appeal, we exercise free review in determining whether a genuine issue of material fact exists and whether the moving party is entitled to judgment as a matter of law. Miller v. Simonson, 140 Idaho 287, 289, 92 P.3d 537, 539 (2004). The law is well established in Idaho that on a motion for summary judgment the trial court must determine whether the pleadings, depositions, and admissions, together with affidavits, 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. Ada County v. Fuhrman, 140 Idaho 230, 232, 91 P.3d 1134, 1136 (2004). We liberally construe the facts and draw all reasonable inferences from the record in favor of the nonmoving party. Anderson v. Glenn, 139 Idaho 799, 801, 87 P.3d 286, 288 (2003). Because our review is de novo, providing the summary judgment transcript that contained the parties' arguments is not necessary for appellate review.

ANALYSIS

I. THE WORKER'S COMPENSATION LAW ABOLISHES ALL CAUSES OF ACTION AGAINST AN EMPLOYER FOR PHYSICAL INJURIES CAUSED BY AN ACCIDENT ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT.

Appellants argue the district court erred in holding that the worker's compensation law barred the Appellants' complaint. Appellants contend this is in error because Doe's injuries were not compensable under worker's compensation and therefore the tort action may be maintained in district court against Albertson's. Albertson's disagrees and argues that the only remedy available to an employee is via the worker's compensation law. Albertson's asserts that the declaration of police power section and the exclusive remedy provision of the worker's compensation law specifically abolished all claims against the employer.

In 1917, our legislature enacted the state's first worker's compensation laws. 1917 Idaho Sess. Laws ch. 81; Gifford v. Nottingham, 68 Idaho 330, 340, 193 P.2d 831, 837 (1948) (Holden, J., dissenting). Because the act was originally passed as an entire complete act it should be construed and considered as a whole. Arneson v. Robinson, 59 Idaho 223, 239, 82 P.2d 249, 255 (1938). Idaho recodified the worker's compensation law in 1971. 1971 Idaho Sess. Laws, ch. 122, p. 408; Horton v. Garrett Freightlines, Inc., 115 Idaho 912, 916, 772 P.2d 119, 123 (1989).

The "Declaration of Police Power" section of the worker's compensation law was once known as the 1917 Idaho Sess. Laws ch. 81 § 1(b), later known as I.C. § 43-902, and today has been recodified as I.C. § 72-201. Today's version of the statute essentially reads as it did in 1917, except for the exclusion of three sentences¹ and the inclusion of occupational diseases. Idaho Code § 72-201 provides:

The common law system governing the remedy of workmen against employers for injuries received and occupational diseases contracted in industrial and public work is inconsistent with modern industrial conditions. The welfare of the state depends upon its industries and even more upon the welfare of its wageworkers. The state of Idaho, therefore, exercising herein its police and sovereign power, declares that all phases of the premises are withdrawn from private controversy, and sure and certain relief for injured workmen and their families and dependents is hereby provided regardless of questions of fault and to the exclusion of every other remedy, proceeding or compensation, except as is otherwise provided in this act, and to that end all civil actions and civil causes of action for such personal injuries and all jurisdiction of the courts of the state over such causes are hereby abolished, except as is in this law provided.

Since its original enactment the worker's compensation law included an exclusiveness provision for an employee's remedy. In 1917 the section was known as the "Right to Compensation Exclusive." 1917 Idaho Sess. Laws ch. 81 § 6, p. 256.² This section was recodified in 1971 as I.C. § 72-211 and is now titled "Exclusiveness of Employee's Remedy." The section provides:

Subject to the provisions of section 72-223, the rights and remedies herein granted to an employee on account of an injury or occupational disease for which he is

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