 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Roe v. Albertson's5/4/2005
2005 Opinion No. 62
District court order granting summary judgment, reversed.
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. ยง 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 defi
Page 1 2 3 4 5 6 7 Idaho Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|