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Guthrie v. Conroy8/6/2002
dministrators called plaintiff to follow up on the staff meeting and inquire whether the situation was resolved, plaintiff reported the flower-planting incident. In response, a Clegg's administrator returned to their office. This time, the office was remodeled to place a privacy wall around plaintiff's desk, and Conroy was formally reprimanded. Thereafter, Conroy "stayed away" from plaintiff.
We conclude that plaintiff's evidence regarding the response of Joy, her immediate supervisor, to Conroy's behavior is sufficient to create a genuine issue of material fact regarding Clegg's ratification of Conroy's alleged civil assault against plaintiff. Moreover, given the evidence that Clegg's directed plaintiff to "let local management handle" the problem, we conclude that Joy's failure to intervene raises a genuine issue of material fact as to the company's ratification. See Burlington Industries, 93 N.C. App. 431, 378 S.E.2d 232 (jury question presented regarding company's ratification of defendant's actions, notwithstanding company's eventual discharge of defendant, where plaintiff's immediate supervisor took no action for two years). We conclude that the trial court erred in granting summary judgment on the issue of Clegg's ratification of Conroy's alleged civil assault against plaintiff.
We hold that the trial court did not err in entering summary judgment for defendants on plaintiff's claims of IIED and NIED, and on her claim against Clegg's for negligent retention or supervision as regards IIED and NIED; accordingly, these portions of the court's order are affirmed. We further hold that the trial court erred by granting summary judgment for defendant Clegg's on plaintiff's claim that Clegg's ratified the alleged civil assault by Conroy, and that part of the trial court's order is reversed.
Affirmed in part, reversed in part.
Judges WYNN and MCCULLOUGH concur.
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