 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Doe v. Methodist Hospital12/31/1997
Over the last century, courts and commentators have developed a quadripartite formulation for the tort of invasion of privacy. In this case we consider whether one branch of that tort, public disclosure of private facts, may form the basis of a civil action in Indiana. On the facts of this case, we decline to recognize that it may.
Background
"John Doe" appeals the trial court's entry of summary judgment for appellee Cathy Duncan, whom Doe had sued for invasion of privacy. In reviewing a grant of summary judgment we construe the facts and the inferences they support in the light most favorable to the non-movant, in this case Doe. Bell v. Northside Finance Corp., 452 N.E.2d 951 (Ind. 1983). Because he lost below, Doe bears the burden of demonstrating the trial court erred in granting summary judgment. Schrader v. Eli Lilly & Co., 639 N.E.2d 258 (Ind. 1994).
Doe is a letter carrier for the U.S. Postal Service. In early 1990, he was rushed from his workplace to Methodist Hospital because of a suspected heart attack. During the ambulance ride, he informed the paramedics that he had tested positive for the human immunodeficiency virus (HIV), and they recorded that information in his medical records. Doe had previously disclosed his HIV status to a small circle of close friends and co-workers, but he had not shared that information with his co-workers generally. For several years rumors had circulated in the workplace, sometimes with a negative connotation, that Doe was gay. On that basis alone, some co-workers had speculated that he was HIV positive.
While Doe was in the hospital, co-worker Logan Cameron allegedly checked on Doe's condition by calling his own wife, Lizzie Cameron, who worked at Methodist Hospital. Doe contends that Lizzie reviewed his confidential medical records, discovered he was HIV positive, and disclosed that information to her husband Logan. Doe further alleges that Logan Cameron related the information to some of Doe's co-workers, including Duncan.
Becky Saunders, who was also a letter carrier, stated that Duncan approached her and said: "I heard that [John Doe] has AIDS. Is it true?" (R. at 98.) According to Saunders, Duncan said that she received the information either from someone who worked in a clinic or from someone who knew someone who worked in a clinic. We accept, for the purposes of this appeal, Saunders statement that she was not previously aware of Doe's HIV status.
Duncan also approached co-worker Ron Okes in what he characterized as an attempt to verify the rumor. Okes was a close friend of Doe, and Doe had previously told him in confidence that he was HIV positive. Okes did not confirm Duncan's gossip. A few days later, Duncan approached Okes again. She told him she had gone to Doe's significant other, who was also a co-worker, and apologized for spreading the rumor.
Doe and his significant other apparently complained to postal supervisors, and the Postal Service seems to have taken responsible action. According to Okes' testimony, the supervisors separately confronted Duncan and Logan Cameron about the incidents, perhaps in the presence of Doe and his partner. Duncan left her meeting in tears, and was ultimately transferred to a different work station.
Doe sued Duncan for invasion of privacy. As damages, he alleged that he suffered "embarrassment, humiliation and mental distress." (R. at 19, 20, 21.) Doe did not allege any physical or economic injuries, nor did he file a claim of employment discrimination or harassment under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1994) (prohibiting Postal Service from discriminating against qualified individuals wi
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Indiana Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|