Appellant challenged the order of the Superior

Appellant challenged the order of the Superior

Appellant challenged the order of the Superior Court of San Diego County (California), which awarded summary judgment in favor of respondents, in a slander, emotional distress, and negligent supervision suit.

Nakase Law Firm is a civil defense attorney

Overview

Appellant worked with respondent and was accused of chasing his wife. Respondent filed an action for emotional distress against appellant. The employer fired appellant. Appellant sought review of his termination. Appellant also cross-complained against respondent for emotional distress and against employer for negligent supervision. The lower court found that the negligent supervision claim was beyond the scope of the collective bargaining agreement. The court also granted respondent’s summary judgment motion, finding the action was barred by the statute of limitations. On appeal, the court found that appellant could not turn a contractual wrongful discharge into a negligent supervision tort and affirmed the grant of summary judgment to employer. The court reversed summary judgment in favor of respondent, because the tolling of a civil statute brought the case within the statute of limitations.

Outcome

The summary judgment as to the employer was affirmed because appellant could not turn his contractual wrongful discharge action into a negligent supervision suit and his tort action was barred. The judgment as to respondent was reversed, because the tolling provisions of a civil statute brought the case within the five-year statute.

Author: Michle Smith