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Proctor v. Johnson Body Shop9/21/2004
An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.
Bobby Ray Proctor (plaintiff) filed a complaint alleging claims of intentional infliction of emotional distress and negligent infliction of emotional distress as a result of ridicule and harassment by Mark Yates, Derek Wells, Roger Fowler, Chris Warren and David Mann (collectively employee defendants).
Plaintiff also alleged that Johnson Body Shop, Inc. (Johnson Body Shop), Lemmuel O. Johnson, Jr. (Johnson), and Matt Brown (Brown) (collectively employer defendants) failed to stop the complained of conduct, instead expressly approving and ratifyingit. Plaintiff alleged that the actions of employer defendants constituted negligent hiring, retention, and supervision. In an answer and counterclaim filed 24 January 2002, all defendants moved to dismiss plaintiff's complaint pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6). In addition, both Johnson Body Shop and Brown asserted counterclaims against plaintiff. Plaintiff replied to these counterclaims on 28 March 2002. Defendants moved for summary judgment in a motion dated 25 November 2002. In an order filed 16 January 2003, the trial court granted the motion by all defendants for summary judgment and dismissed plaintiff's complaint. The trial court further granted summary judgment in favor of Johnson Body Shop against plaintiff in the amount of $527.61 and in favor of Brown against plaintiff in the amount of $5,000.00. Plaintiff appeals.
Plaintiff was employed as a technician by Johnson Body Shop from 1997 until 1999 and again from January 2000 until July 2001. Plaintiff alleged that during his second tenure at Johnson Body Shop he was "subjected to extreme and outrageous ridicule and harassment by his co-workers" and that employer defendants did nothing to stop this ridicule and harassment. In addition, plaintiff named Johnson Body Shop, Johnson, and Brown as defendants under the theory of respondeat superior. In his brief, plaintiff notes multiple events of ridicule and harassment by employee defendants, including, but not limited to, numerous practical jokes, writings, photographs, songs, poems, and signs ridiculing plaintiff. In his affidavit, plaintiff testified that thisharassment resulted in his hospitalization and treatment for major depression and suicidal ideations. Plaintiff also stated in his affidavit that he complained to both Brown and Johnson on numerous occasions about the ridicule and harassment and that both Brown and Johnson observed much of the complained of conduct firsthand. However, the harassment never ceased and Brown and Johnson never disciplined or terminated any employee defendants.
Plaintiff argues the trial court erred in finding that there was no genuine issue of material fact as to his claims. N.C. Gen. Stat. § 1A-1, Rule 56(c) (2003) provides that summary judgment is appropriate when the evidence submitted by the parties presents "no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law." "A party moving for summary judgment satisfies its burden of proof (1) by showing an essential element of the opposing party's claim is nonexistent or cannot be proven, or (2) by showing through discovery that the opposing party cannot produce evidence to support an essential element of his or her claim." Belcher v. Fleetwood Enters., Inc., 162 N.C. App. 80, 84, 590 S.E.2d 15, 18 (2004). The trial court must view the evidence in a light most favorable to the non-moving party. Roumillat v. Simplistic Ent
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