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Hanson v. Friends of Minnesota Sinfonia6/8/2004
Appellant Shelley Hanson challenges the district court's grant of summary judgment in favor of respondents on her various claims, arguing that (1) she was an "employee" for the purpose of disability discrimination claims under the Minnesota Human Rights Act; (2) her federal action is not res judicata for certain portions of her state action; (3) she can maintain an action for business disability discrimination under the Minnesota Human Rights Act; (4) her defamation claim was proper; (5) her invasion of privacy claim was proper; (6) her claim for interference with prospective business relationships was proper; (7) her breach of contract and promissory estoppel claims were not barred by collateral estoppel; (8) her negligent infliction of emotional distress claim was proper; (9) the district court erred in considering respondents' second summary judgment motion and not considering her motion for reconsideration; and (10) she should be allowed to seek punitive damages. We affirm.
FACTS
Appellant Shelley Hanson plays the clarinet professionally. Respondent Friends of Minnesota Sinfonia is a non-profit corporation that hires musicians to perform concerts. Respondent Jay Fishman is a co-founder of the Sinfonia and serves as its executive director, artistic director, and conductor. Appellant and other Sinfonia performers contract to play with the Sinfonia as their individual schedules allow, are paid on a per activity basis, and otherwise perform and work in the community. Appellant, the other Sinfonia performers, and Fishman are all members of the American Federation of Musicians. However, the union does not contract on their behalf with the Sinfonia.
The Sinfonia held a rehearsal on March 16, 1999. Fishman arrived early to set up the lighting, including lights supported by tripod legs with poles about six feet tall. Fishman placed some of these lights on a utility table that was located near the back of the stage. At the beginning of rehearsal, when Fishman went back to adjust the lights, one fell from the table and hit appellant, who was sitting with her back to the lights. Appellant told Fishman that she thought she suffered a concussion, but she claims that Fishman demanded that she finish the rehearsal anyway.
Appellant participated in a few Sinfonia concerts after the incident, but claims that the effects of the accident impaired her judgment and her performing ability. Thereafter, appellant took a medical leave for the month of April and found replacements for her part in the concerts in May. Appellant claims she only told three people about her injuries, two were close friends who also played in the Sinfonia, one of whom was appellant's union representative, and the third was Mary Bahr, the Sinfonia personnel manager who helped find replacements and handled medical leave requests.
During appellant's leave, appellant was informed that Fishman had replaced her. When appellant inquired, she was informed that her position was terminated and that a letter from Fishman was in the mail. The letter, dated May 19, 1999, stated the following:
I am sorry to hear that your recovery is taking so long. When I asked Mary Bahr to hire you for the summer dates, I had anticipated that you would be completely well by that time. I understand that is not the case.
Because of this, I feel very uncomfortable offering you work, until we are certain that you are 100%. Therefore, we must regretfully rescind our offer of work for the summer. Please remove all Sinfonia bookings from your calendar. When you are well, please call me, and we will talk.
After receiving the letter, appellant contacted her union representative. The
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