Tombollo v. Dunn, A-C
| Court | Supreme Court of South Dakota |
| Writing for the Court | HENDERSON |
| Citation | 342 N.W.2d 23 |
| Parties | 115 L.R.R.M. (BNA) 2827, 39 Empl. Prac. Dec. P 35,851 Sandi TOMBOLLO, Plaintiff and Appellant, v. Eugene H. DUNN, Individually and d/b/a Sioux Falls Rent-ar (Hertz); and Dennis E. Kjerstad, Defendants and Appellees. . Considered on Briefs |
| Decision Date | 01 December 1983 |
| Docket Number | No. 14196,A-C |
Page 23
v.
Eugene H. DUNN, Individually and d/b/a Sioux Falls
Rent-A-Car (Hertz); and Dennis E. Kjerstad,
Defendants and Appellees.
Decided Jan. 4, 1984.
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James E. McMahon of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for plaintiff and appellant.
Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and appellees.
HENDERSON, Justice.
On February 23, 1982, appellant Sandi Tombollo (referred to as Tombollo for convenience) filed a sexual discrimination charge with the South Dakota Division of Human Rights (Commission) alleging Tombollo was terminated from employment at appellee Dunn's business for failure to have sexual relations with a manager, appellee Kjerstad. A Commission investigation ensued. Prior to a final Commission determination, Tombollo filed an action against appellees seeking damages for wrongful discharge of employment, invasion of privacy, and assault and battery. On October 29, 1982, Commission notified Tombollo that it had dismissed her charge and, if she wished, she could appeal the determination to a trial court pursuant to SDCL 1-26-30. Tombollo failed to appeal the determination.
Appellees filed a motion to dismiss with the trial court on December 2, 1982, and Dunn filed an affidavit on December 9, 1982, in support thereof. This motion to dismiss was treated as one for summary judgment. Tombollo responded with an affidavit and copy of Commission's investigation. On March 2, 1983, the trial court filed a detailed memorandum decision dismissing Tombollo's action. On March 8, 1983, summary judgment and an order were entered in favor of appellees. In the law suit proper, Count I was for wrongful termination and Count II was for invasion of privacy and assault and battery; Count II of the complaint was also dismissed as against appellee Dunn because there was no allegation that the alleged conduct of appellee Kjerstad as pleaded in Count II was within the course and scope of Kjerstad's
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employment with Dunn. After summary judgment, only Count II as against Kjerstad remained for trial. Tombollo filed her notice of appeal to this Court on May 4, 1983. We affirm.Tombollo became employed at Dunn's automobile rental firm in May of 1969. Kjerstad took...
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