Holler v. Buckley Broadcasting Corp.

706 A.2d 1379, 47 Conn. App. 764, 1998 Conn. App. LEXIS 66
CourtConnecticut Appellate Court
DecidedFebruary 24, 1998
DocketAC 16890
StatusPublished
Cited by28 cases

This text of 706 A.2d 1379 (Holler v. Buckley Broadcasting Corp.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holler v. Buckley Broadcasting Corp., 706 A.2d 1379, 47 Conn. App. 764, 1998 Conn. App. LEXIS 66 (Colo. Ct. App. 1998).

Opinion

Opinion

HENNESSY, J.

The plaintiff, Frank J. Holler, appeals from the judgment of the trial court in favor of the defendants, Buckley Broadcasting Corporation, Wayne Mulligan and Wayne Griscom,1 following the granting of the defendants’ motion to strike.2 On appeal, the plaintiff claims that the trial court improperly concluded that (1) the complaint failed to allege sufficient facts to support a claim of tortious interference with business relations and (2) General Statutes § 52-570d does not apply to the rerecording of an illegally taped telephone conversation. We affirm the judgment of the trial court.

The plaintiff filed a seven count complaint against the defendants Buckley Broadcasting Corporation, Laura Barre and Griscom, known on his radio program as [766]*766Jerry Kristafer, which alleged the following facts. The plaintiffs employment was terminated after he revealed over the telephone to Barre, his then girlfriend, that the radio station had asked him to terminate Kristafer. That information was surreptitiously recorded by Barre, who passed it along to Kristafer. Kristafer confronted Mulligan, the station manager, and Richard D. Buckley, the president and principal owner of Buckley Broadcasting Corporation, with this information and played the taped conversation for them. On January 23, 1996, Mulligan terminated Holler’s employment on the ground that Holler had breached the radio station’s confidentiality agreement when he revealed a confidential employment decision to Barre.

The trial court concluded that the plaintiffs allegations failed to support a cause of action against Kristafer for tortious interference with a business relationship. Additionally, the trial court concluded that Kristafer’s actions did not violate § 52-570d3 and, therefore, the seventh count failed to state a cause of action. This appeal followed.

I

The fifth count of the complaint alleged tortious interference with a business relationship against Kristafer. [767]*767The trial court determined that the plaintiff had not alleged sufficient facts to support the element of intentional interference and ordered the count stricken. The plaintiff claims that the trial court improperly found that the complaint did not contain a sufficient cause of action for tortious interference. We disagree.

Certain additional facts are necessary to our resolution of this claim. The complaint alleged in relevant part:

“22. At all relevant times, plaintiff had an employment relationship with the defendant Buckley Broadcasting Corporation.
“23. Defendant Jerry Kristafer interfered with plaintiffs employment with defendant Buckley Broadcasting Corporation in that he contacted defendant’s president and station general manager and informed them that plaintiff had breached station confidentiality and played for them the illegally taped telephone conversation.
“24. Defendant Jerry Kristafer intentionally interfered with plaintiffs employment relationship with defendant in an effort to discredit plaintiff in the eyes of station management, get him fired and save his own job.
“25. As a result of defendant Jerry Kristafer’s actions, defendant Buckley Broadcasting Corporation terminated plaintiffs employment and plaintiff suffered lost wages and money damages.”

“ ‘In an appeal from a judgment following the granting of a motion to strike, we must take as true the facts alleged in the plaintiffs complaint and must construe the complaint in the manner most favorable to sustaining its legal sufficiency. Sassone v. Lepore, 226 Conn. 773, 780, 629 A.2d 357 (1993); Michaud v. Wawruck, 209 Conn. 407, 408, 551 A.2d 738 (1988).’ Waters v. Autuori, 236 Conn. 820, 822, 676 A.2d 357 (1996). ... A determination regarding the legal sufficiency of a claim is, therefore, a conclusion of law, not a finding [768]*768of fact. Accordingly, our review is plenary. Napoletano v. CIGNA Healthcare of Connecticut, Inc., 238 Conn. 216, 232, 680 A.2d 127 (1996), cert. denied, 520 U.S. 1103, 117 S. Ct. 1106, 137 L. Ed. 2d 308 (1997).” Parsons v. United Technologies Corp., 243 Conn. 66, 68, 700 A.2d 655 (1997).

“Practice Book § 131 requires a plaintiff to plead only the facts constituting his or her cause of action. A motion to strike admits all facts well pleaded; it does not admit legal conclusions or the truth or accuracy of opinions stated in the pleadings. . . . Mingachos v. CBS, Inc., 196 Conn. 91, 108, 491 A.2d 368 (1985). The allegations of a complaint subject to a motion to strike are entitled to the same favorable construction a trier would be required to give in admitting evidence under them and if the facts provable under its allegations would support ... a cause of action, the motion to strike must fail. Id., 108-109.” (Internal quotation marks omitted.) Faulkner v. United Technologies Corp., 240 Conn. 576, 588, 693 A.2d 293 (1997). “Moreover, we note that [w]hat is necessarily implied [in an allegation] need not be expressly alleged. Clohessy v. Bachelor, 237 Conn. 31, 33 n.4, 675 A.2d 852 (1996).” Knight v. F. L. Roberts & Co., 241 Conn. 466, 470-71, 696 A.2d 1249 (1997).

“Connecticut has long recognized a cause of action for tortious interference with business relations. See Blake v. Levy, 191 Conn. 257, 464 A.2d 52 (1983); Herman v. Endriss, 187 Conn. 374, 446 A.2d 9 (1982); Skene v. Carayanis, 103 Conn. 708, 131 A. 497 (1926); Bulkley v. Storer, 2 Day (Conn.) 531 (1807). The necessary elements of a cause of action in tortious interference with business relations are the existence of a business relationship, an intentional and improper interference with that relationship and a resulting loss of benefits of the relationship. Blake v. Levy, supra, 262.” Conrad v. Erickson, 41 Conn. App. 243, 245-46, 675 A.2d 906 [769]*769(1996). “ ‘A plaintiff states an actionable cause [for tortious interference with a contract] by alleging that the defendant intentionally interfered with a business or contractual relationship of the plaintiff and that the plaintiff, as a result, has suffered an actual loss. . . . Herman v. Endriss, supra [377].” DiNapoli v. Cooke, 43 Conn. App. 419, 428, 682 A.2d 603, cert. denied, 239 Conn. 951, 686 A.2d 124 (1996).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

American Diamond Exchange, Inc. v. Alpert
920 A.2d 357 (Connecticut Appellate Court, 2007)
Bestor v. Walnut Tree Dev., Inc., No. Cv01-034 24 93 S (Sep. 11, 2002)
2002 Conn. Super. Ct. 11526 (Connecticut Superior Court, 2002)
Maderia v. Northeast Utilities, No. X04-Cv-00-0120723-S (Dec. 22, 2000)
2000 Conn. Super. Ct. 16211 (Connecticut Superior Court, 2000)
Message Center Management v. Getchell, No. Cv 00 73738 S (Dec. 18, 2000)
2000 Conn. Super. Ct. 15975 (Connecticut Superior Court, 2000)
Farber v. New Haven Savings Bank, No. 404719 (Sep. 21, 2000)
2000 Conn. Super. Ct. 11460 (Connecticut Superior Court, 2000)
Ippoliti v. Town of Ridgefield, No. Cv99-0337600s (Aug. 7, 2000)
2000 Conn. Super. Ct. 9553 (Connecticut Superior Court, 2000)
Citizens Savings Bank v. Rohlman, No. Cv00-0434257 (Jul. 24, 2000)
2000 Conn. Super. Ct. 8981 (Connecticut Superior Court, 2000)
Suffield v. Nat'l Loan, No. Cv 99 0590031-S (Jul. 20, 2000)
2000 Conn. Super. Ct. 8945 (Connecticut Superior Court, 2000)
Riverbend Exec. Ctr. v. Modern Telecomm., No. Cv97 0157888 S (Jun. 1, 2000)
2000 Conn. Super. Ct. 6707 (Connecticut Superior Court, 2000)
Narumanchi v. Mechanics Savings Bank, No. 434264 (Apr. 12, 2000)
2000 Conn. Super. Ct. 4048 (Connecticut Superior Court, 2000)
Franchi v. American Lawyer Media, No. Cv98 06 39 99s (Mar. 13, 2000)
2000 Conn. Super. Ct. 4581 (Connecticut Superior Court, 2000)
Legowski v. O'keefe, No. Cv 98 0584404s (Mar. 2, 2000)
2000 Conn. Super. Ct. 3374 (Connecticut Superior Court, 2000)
Suffield Devel. Assoc. v. Natl. Loan Inv., No. Cv 99 0590031s (Feb. 8, 2000)
2000 Conn. Super. Ct. 1839 (Connecticut Superior Court, 2000)
Reynolds v. Champion International Corp., No. 426463 (Jan. 28, 2000)
2000 Conn. Super. Ct. 1389 (Connecticut Superior Court, 2000)
D'Amico v. Johnson
733 A.2d 869 (Connecticut Appellate Court, 1999)
Jones v. Safeco Ins. Co. of Illinois, No. Cv98 035 76 14 S (Apr. 28, 1999)
1999 Conn. Super. Ct. 4284 (Connecticut Superior Court, 1999)
National L. Invest. v. Chicago Title Ins., No. Cv 98 0167359 (Mar. 24, 1999)
1999 Conn. Super. Ct. 3392 (Connecticut Superior Court, 1999)
Hart v. Mill Plain Auto Body, No. Cv98 035 34 63 (Mar. 18, 1999)
1999 Conn. Super. Ct. 3783 (Connecticut Superior Court, 1999)
Burning Tree Country Club v. S.E. Minor, No. Cv 98 0163304 (Mar. 12, 1999)
1999 Conn. Super. Ct. 3144 (Connecticut Superior Court, 1999)
Weinshel v. Capossela, No. Cv95 032 04 54 (Mar. 1, 1999)
1999 Conn. Super. Ct. 3187 (Connecticut Superior Court, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
706 A.2d 1379, 47 Conn. App. 764, 1998 Conn. App. LEXIS 66, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holler-v-buckley-broadcasting-corp-connappct-1998.