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Southern Management Corporation v. Taha11/25/2003
Bell, C.J. and Raker, J., dissent
In the case now before us, Mukhtar Taha sued Southern Management Corporation (hereinafter "SMC") and two of its employees for malicious prosecution solely under a theory of respondeat superior liability. The jury rendered a verdict in which it found that the two named employee defendants were not liable; however, the jury also found in favor of Taha against SMC, the employer corporation. We hold that such irreconcilably inconsistent jury verdicts cannot stand under the theory of respondeat superior liability.
I. Background
A. Facts
On May 15, 1994, SMC hired Taha to work as a Maintenance Technician at the Silver Spring Towers apartment complex, one of the apartment facilities managed by SMC. Taha, a black male, had emigrated to the United States from the Sudan in 1981. Taha's job responsibilities included plumbing, painting, lifting appliances to conduct repairs, and laying and replacing tile.
In mid-August of 1994, Taha moved a heavy barrel with the maintenance supervisor, Michael McGovern, and two other SMC maintenance employees in the course of performing his regular job duties. Approximately ten days later, Debra Wylie-Forth, the property manager of the apartment complex, called a team meeting of all personnel to review their work and discuss various problems. During the course of this meeting several complaints were raised by Taha's peers concerning his work performance. Several days after the meeting, Taha reported to Wylie-Forth that while moving the heavy barrel, McGovern had intentionally let the barrel slip causing Taha to injure his back. Taha had been working without difficulty from the day of the alleged barrel incident until the time he reported the event to Wylie-Forth following the team meeting. Thereafter, he sought medical treatment and spent nearly two months on disability leave.
When Taha returned to work on October 18, 1994, Wylie-Forth assigned him the task of painting doors in the apartment complex, which he completed without incident. The next day, while continuing to paint, Taha was approached by Wylie-Forth to discuss his work performance. At that time, Taha informed Wylie-Forth that he wanted to discontinue painting and allegedly raised his voice and argued with Wylie-Forth concerning his work. Therefore, Wylie-Forth and assistant property manager, Barbara Belton, terminated Taha's employment on the basis of poor work performance, insubordination, and abusive behavior.
Shortly after Taha was terminated, McGovern and maintenance employee Wilfredo Martinez notified Wylie-Forth that several items were missing from a locked maintenance tool and supply area, including an acetylene gas tank, three padlocks, and various maintenance tools belonging to McGovern and Martinez. Martinez informed Wylie-Forth that he had witnessed Taha shaking and pulling on the lock to the maintenance area on October 4, 1994, a day that Taha was not assigned to work at Silver Spring Towers due to his disability leave. Anya Udit, a leasing consultant at Silver Spring Towers, also reported to Wylie-Forth that she spotted Taha in Wylie-Forth's locked office on October 8, 1994, while Taha continued to be on disability leave. Thereafter, Wylie-Forth contacted the Montgomery County Police Department to report the missing items. Wylie-Forth informed the investigating officer, Robert Grims, that she did not know who had broken into the storage area, and told Officer Grims that he could talk to anyone on staff at Silver Spring Towers "because at that point in time, everyone was a suspect." The only time Wylie-Forth mentioned Taha's name was in response to Officer Grims's question asking whether any emp
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