Demetracopoulos v. Wilson

640 A.2d 279, 138 N.H. 371, 1994 N.H. LEXIS 36
CourtSupreme Court of New Hampshire
DecidedMarch 31, 1994
DocketNo. 90-080
StatusPublished
Cited by31 cases

This text of 640 A.2d 279 (Demetracopoulos v. Wilson) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Demetracopoulos v. Wilson, 640 A.2d 279, 138 N.H. 371, 1994 N.H. LEXIS 36 (N.H. 1994).

Opinion

HORTON, J.

The plaintiff, Anthony Demetracopoulos, obtained a jury verdict against the defendant, David Wilson, on claims for intentional interference with contractual relations and professional negligence. On appeal, the defendant contends that certain jury instructions given by the Superior Court (McHugh, J.) were improper; that the court erred in permitting the plaintiff to relitigate issues already determined in a prior, related case; and that the court permitted an improper award of damages. We reverse and remand.

The facts underlying this appeal were set forth in a related case, Demetracopoulos v. Strafford Guidance Center, 130 N.H. 209, 536 A.2d 189 (1987) (Demetracopoulos I), and will be summarized here only as they relate to issues now raised by the defendant. In May [373]*3731980, the plaintiff was hired as the business manager for Strafford Guidance Center (SGC), a nonprofit corporation that receives State and federal funding to provide mental health services. The plaintiff reported directly to Bern Anderson, SGC’s executive director. In the summer of 1982, allegations surfaced that SGC personnel were engaging in Medicaid fraud. The New Hampshire Attorney General’s Office initiated an investigation, and on June 22, 1982, it executed a search warrant at SGC and seized the corporation’s medical and financial records.

In response to the attorney general’s investigation, SGC took steps to conduct its own inquiry into the alleged wrongdoings at the corporation. In early August, SGC’s board of directors (board) voted to retain the defendant, a certified public accountant, to audit SGC’s records. On August 24, 1982, the defendant reported his findings to the board. Among the defendant’s findings was that on August 2, 1982, the plaintiff and Bern Anderson had executed a three-year personal services contract that contained terms contrary to SGC’s personnel policies manual. The contract, which had not been authorized by the board, provided that the plaintiff would receive automatic raises at a rate of five percent per year, would be paid at an elevated salary grade, and would receive eighty percent of the contract’s value if he were fired for cause. Upon learning of the contract, the board voted unanimously to dismiss the plaintiff and Anderson. In the first legal dispute arising from the plaintiff’s dismissal, the plaintiff sued SGC to enforce the employment contract. This court held that Bern Anderson was without either actual or apparent authority to negotiate the contract, and that the contract was not binding on SGC. Id. at 212, 216, 536 A.2d at 191, 193-94.

The plaintiff sued the defendant for intentional interference with contractual relations, professional negligence, and defamation. The claims were based on allegations that the defendant had prepared a report that contained “false,” “misleading,” “improper,” and “incorrect” information concerning the plaintiff. The jury returned a verdict for the defendant on the defamation claim and for the plaintiff on his claims for intentional interference with contractual relations and professional negligence, awarding $73,000 in damages for lost wages, and $77,000 in damages for emotional suffering.

On appeal, the defendant first argues that the trial court failed to properly instruct the jury'ohJhe law of intentional interference with contractual relations. To establish liability for this tort, the plaintiff must show: “(1) the plaintiff had an economic relationship with a third party; (2) the defendant knew of this relationship; [374]*374(3) the defendant intentionally and improperly interfered with this relationship; and (4) the plaintiff was damaged by such interference.” Jay Edwards, Inc. v. Baker, 130 N.H. 41, 46, 534 A.2d 706, 709 (1987) (quotation omitted).

In this case, the defendant contends that the trial court prepared a special verdict form that erroneously permitted the jury to hold him liable for intentionally interfering with the plaintiff’s employment relationship without finding that the interference was intentional and improper. The special verdict form posed the following question:

“1. Do you, the jury, find, after review of all of the evidence, that the plaintiff has satisfied his burden of proof that it is more probable than not that the defendant intentionally interfered with the employment relationship that the plaintiff had with [SGC] by preparing and publishing to the Board of Directors of [SGC] certain reports that contained false information about the plaintiff or went beyond the scope of what he was hired to do in a manner that adversely affected the employment relationship of the plaintiff with [SGC]?”

We find that the special verdict form may have misled the jury by suggesting that it could hold the defendant liable for intentionally interfering with the plaintiff’s employment relationship without finding that such interference occurred as a consequence of conduct that was both intentional and improper. To establish that the defendant’s conduct was improper, the plaintiff had to “show that the interference with his contractual relations was either desired by the [defendant] or known by him to be a substantially certain result of his conduct.” Restatement (Second) of Torts § 767 comment d at 32 (1977). The special verdict form indicated that either the submission of a report that contained false information, or the submission of a report that exceeded the scope of the defendant’s duties, could support a finding of intentional interference. The form did not ask if the jury found that the defendant improperly included any information found to be false. Nor did the special verdict form require that the jury find that the defendant’s exceeding the scope of his charged duties was improper.

The plaintiff suggests that the intentional submission of a report containing false information would necessarily be improper. It is true that a fraudulent misrepresentation ordinarily constitutes “a wrongful means of interference and make[s] an interference improper.” Restatement (Second) of Torts § 767 comment c at 30. A representation is not fraudulent, however, unless “to the knowledge or belief of its utterer, it is false.” Id. Once again, the special [375]*375verdict form did not suggest that the jury had to find that the defendant knew or believed the report contained false information. The jury thus might have interpreted the form to mean that the defendant could be found liable if he intentionally prepared a report that contained false information, regardless of whether the plaintiff established that the defendant knew of the report’s inaccuracies. We therefore reverse the jury’s finding of liability on this count and remand for further proceedings consistent with this opinion.

The defendant also contends that he could not be liable for professional negligence because, he says, he owed no duty to the plaintiff. In support of this argument, the defendant relies on Spherex, Inc. v. Alexander Grant & Co., 122 N.H. 898, 451 A.2d 1308 (1982), where we adopted the position of the Restatement (Second) OF TORTS in regard to an accountant’s liability for negligent misrepresentation. Spherex, 122 N.H. at 904, 451 A.2d at 1312.

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Bluebook (online)
640 A.2d 279, 138 N.H. 371, 1994 N.H. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/demetracopoulos-v-wilson-nh-1994.