Doe v. Samaritan Counseling Center

791 P.2d 344, 1990 Alas. LEXIS 54, 1990 WL 52230
CourtAlaska Supreme Court
DecidedApril 27, 1990
DocketS-2957
StatusPublished
Cited by50 cases

This text of 791 P.2d 344 (Doe v. Samaritan Counseling Center) is published on Counsel Stack Legal Research, covering Alaska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Samaritan Counseling Center, 791 P.2d 344, 1990 Alas. LEXIS 54, 1990 WL 52230 (Ala. 1990).

Opinions

OPINION

RABINO WITZ, Justice.

Jane Doe petitions for review of an order by the superior court granting respondent Samaritan Counseling Center (“Samaritan”) 1 summary judgment on her respon-deat superior claim.

Introduction.

Jane Doe argues that Samaritan should be held liable for the acts of one of its pastoral counselors, Reverend/Dr. John Garvin. Doe went to Samaritan for emotional and spiritual counseling. During two of her sessions with Garvin, kissing and fondling allegedly took place. After Doe cancelled her counseling sessions with Garvin, the two allegedly met and had sexual intercourse. Doe claims that she suffered emotional harm as a result of Gar-vin’s abuse of their therapist-patient relationship. On summary judgment the superior court held that Samaritan could not be held liable for Garvin’s actions on grounds of respondeat superior. We granted Doe’s petition for review, and reverse.

Facts and Proceedings.

The relevant facts are undisputed. Doe began seeing Garvin for “emotional and spiritual therapy” in September of 1984. She went to see Garvin on advice from her minister that she seek counseling at Samaritan.2 Doe had attended “approximately 34” sessions with Garvin by June of 1985.

In an affidavit Doe averred that:

5. In mid-June, 1985, Reverend Gar-vin announced suddenly that I was in need of no more therapy. This confused and upset me as I felt that I was still in turmoil and needed to resolve some issues. At the end of the session, I was feeling very vulnerable and asked him to hold me. He did, but began touching and fondling other parts of my body. Shortly thereafter, I had another session with Dr. Garvin at SCO during which he fondled and kissed me.
6. Dr. Garvin convinced me that we should meet outside his office. I did not want to lose him as a counselor so I continued to see him outside the office. I believed he still had my best interests at heart and would not do anything to harm me.
7. As I continued to meet with him, Reverend Garvin became more aggressive sexually. I confronted him about his conduct and he agreed he was wrong. However, the sexual contact continued until mid-July, when sexual intercourse occurred.

In December of 1985, Doe began seeing another counselor, Anne Nevaldine. Ms. Nevaldine testified that “[Doe] comes from an extremely unstable background. Any reasonable practitioner would have been able to see that she was easy prey for the kind of conduct reportedly engaged in by Dr. Garvin. As a result of Dr. Garvin’s negligence, [Doe] has suffered substantial emotional and psychological damage.” She also stated that Garvin negligently handled the “transference phenomenon” — a type of parent-dependent relationship which developed during counseling.

[346]*346In June of 1987 Doe filed a complaint against Samaritan and two members of Samaritan’s board of directors. Her complaint alleged a claim for relief against Samaritan based on a theory of respondeat superior. Doe also asserted claims based on “negligent hire, negligent supervision, and breach of contract” against Samaritan and the two directors. Thereafter Samaritan moved for summary judgment on the issues of respondeat superior, negligent hire, and negligent supervision. Doe filed a cross-motion for summary judgment as to Samaritan’s liability in respondeat superi- or.

The superior court granted Samaritan’s motion for summary judgment on the re-spondeat superior claim.3 Thereafter we granted Doe’s petition for review. We have concluded that the superior court’s entry of summary judgment in favor of Samaritan should be reversed.

DID THE SUPERIOR COURT ERR IN RULING THAT SAMARITAN COULD NOT BE HELD LIABLE ON THE THEORY OF RESPONDEAT SUPERIOR?

Under the doctrine of respondeat superior, an employer will be held liable for the tort of its employee if the employee’s act was committed within the “scope of the employment.” W. Keeton, D. Dobbs, R. Keeton & D. Owen, Prosser and Keeton on Torts, § 70, p. 502 (5th ed. 1984). While most authorities concur with this basic principle, there is disagreement over the meaning of the term “scope of employment.” See id.

We have adopted a flexible, multi-factored test to determine whether an employer is liable for injuries caused by its employees. Our approach to questions of respondeat superior evolved as an alternative to an overly technical “control” approach, which limited vicarious liability to circumstances where “the act of the employee was committed with the implied authority, acquiescence, or subsequent ratification of the employer.” Fruit v. Schreiner, 502 P.2d 133, 140 (Alaska 1972).

In Fruit, an insurance salesman who was attending a convention as required by his employer struck and crippled a pedestrian while operating an automobile. 502 P.2d at 136. The accident occurred at 2:00 a.m., while the salesman was returning to his hotel room. He had been looking for out-of-state salesmen so that he could make sure they were enjoying themselves. The employer in that case argued that it should not be held liable because it was not in “control” of its employee’s activities at the time of the accident, and because Fruit’s acts had no business purpose. Id. at 139.

In Fruit we observed that

[N]o categorical statement can delimit the meaning of “scope of employment” once and for all time. Applicability of respondeat superior will depend primarily on the findings of fact in each case.

Id. at 140-41. We held that the superior court had correctly denied the employer’s motion for Judgment NOV because “[tjhere was evidence from which the jury could find that [the salesman] was at least motivated in part by his desire to meet with the out-of-state guests and thus to benefit from their experience so as to improve his abilities as a salesman.” Id. at 142.

While it might be inferred from Fruit that there can be no respondeat superior liability where employee acts are not “motivated” by a desire to benefit the employer, our subsequent cases have left unresolved the question whether this motivation is a prerequisite to recovery based on a claim of respondeat superior. The instant case presents the issue squarely, for it is Samaritan’s contention that since Garvin’s tor-tious acts were not motivated by a desire to serve his employer, there cannot be liability based on a theory of respondeat superior.

A. Can an Employer be Held Liable Under the Doctrine of Respondeat Superior Where the Employee’s Acts Were Not Motivated by a Desire to Serve the Employer?

Our decision in the Fruit case was closely followed by Luth v. Rogers and Babler [347]*347Construction Company, 507 P.2d 761 (Alaska 1973). In Luth we explained that questions of “control” and “motivation” were relevant factors to be considered in deciding whether an employee’s act was “sufficiently related to his employer’s enterprise.” Id. at 764.

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Cite This Page — Counsel Stack

Bluebook (online)
791 P.2d 344, 1990 Alas. LEXIS 54, 1990 WL 52230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-samaritan-counseling-center-alaska-1990.