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Munsell v. Hambright10/30/2002
FOR PUBLICATION
OPINION - FOR PUBLICATION
John Munsell appeals the trial court's denial of his motion for partial summary judgment and its grant of summary judgment in favor of William Hambright, Counseling Associates, Kathy Byler, and Holy Cross Counseling Group. He also appeals the trial court's denial of his request for attorney's fees incurred in quashing subpoenas. He raises the following restated issues for review:
I. Whether the trial court erred in refusing to award Munsell attorney's fees incurred in quashing subpoenas issued by counsel for Hambright and Counseling Associates intended to discover Munsell's confidential mental health records.
II. Whether a genuine issue of material fact exists that precludes summary judgment on Munsell's claims of malpractice, outrage, and fraud.
We affirm in part, reverse in part, and remand for a determination of attorney's fees.
FACTS AND PROCEDURAL HISTORY
In 1999, Jean Northenor, executive Vice-President of the Lake City Bank ("the Bank"), heard a rumor that Munsell, the manager of the Shipshewana branch of the Bank, had engaged in voyeuristic activity. On October 1, 1999, Northenor confronted Munsell about the rumors. Munsell became very upset, and Northenor suggested that he meet with Hambright for counseling at the Bank's expense. Munsell agreed, and Northenor called Hambright to facilitate the meeting.
Munsell met with Hambright for counseling. Hambright asked Munsell to sign a release for him to disclose information to Northenor to allow him to explain to Northenor that Munsell required a leave of absence. Hambright contacted Northenor and explained that Munsell suffered from a severe emotional condition and needed a leave of absence.
Munsell later telephoned another bank employee and attempted to resign. During this conversation, Munsell behaved so irrationally that the employee contacted Northenor. Northenor contacted Hambright, who told Northenor that Munsell had a serious behavior problem, was unstable, and presented a suicide risk. As a result, Hambright directed Northenor to call local law enforcement authorities. Northenor called the local police and requested that they confirm Munsell's safety. On the following day, Hambright and Northenor again discussed Munsell's condition.
On October 15, 1999, Munsell attended a therapy session with Gary Yoder of Oaklawn Psychiatric Center. The Bank placed Munsell on a thirty-day mandatory leave. Munsell asked Yoder to contact the Bank and inquire as to his employment status. Yoder spoke with Northenor and told her that Munsell had been referred for a psychosexual evaluation for the purpose of making a diagnosis regarding voyeurism. Yoder referred Munsell to Holy Cross, which specialized in providing counseling to sex offenders.
On October 29, 1999, Munsell attended a therapy session with Holy Cross employee Cathy Watkins. As a result of this session, Watkins diagnosed Munsell as a voyeur. On November 2, 1999, Munsell attended a session at Holy Cross with Byler, who presented herself as a therapist, although she was actually a student in training. Munsell stated, and Byler agreed, that Munsell's emotional state would improve if he were allowed to return to work. At Munsell's request, Byler agreed to contact Northenor after Munsell signed a consent to release information. Byler then spoke with Northenor to discuss the possibility of Munsell returning to work. On November 4, 1999, the Bank communicated its decision to Munsell to terminate his employment. On Northenor's recommendation, Munsell resigned his position.
In June 2000, Munsell filed suit against H
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