Island v. Buena Vista Resort

103 S.W.3d 671, 352 Ark. 548, 2003 Ark. LEXIS 194
CourtSupreme Court of Arkansas
DecidedApril 17, 2003
Docket02-713
StatusPublished
Cited by34 cases

This text of 103 S.W.3d 671 (Island v. Buena Vista Resort) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Island v. Buena Vista Resort, 103 S.W.3d 671, 352 Ark. 548, 2003 Ark. LEXIS 194 (Ark. 2003).

Opinion

Ray Thornton, Justice.

On September 6, 2000, appellant, Becky ice. filed a complaint against appellees, Buena Vista Resort and George Bogdanov. In her complaint, appellant asserted that she was an employee of Buena Vista Resort and that Bogdanov was the owner of Buena Vista Resort [BVR]. The complaint further alleged that during her employment with Buena Vista Resort, Bogdanov approached her and propositioned her for sex. The complaint also alleged that Bogdanov had made lewd comments to appellant on several occasions. Finally, the complaint alleged that when appellant rejected Bogdanov’s sexual advances, she was treated poorly, and eventually terminated from her job. ■

Based on the factual allegations, appellant asserted three causes of actions. First, she alleged that appellee Bogdanov’s behavior violated the Arkansas Civil Rights Act. Next, she argued that appellees’ actions were outrageous and caused her to suffer severe emotional distress. Finally, she asserted that she was wrongfully discharged in violation of'the public policy of the State of Arkansas.

On January 30, 2002, appellees filed a motion seeking summary judgment. An affidavit from Bogdanov was attached to their motion. In his affidavit, Bogdanov stated that the reason appellant was terminated was because he was going to give her job to his son. He also denied that he had solicited appellant for sex or treated her differently during her employment. In support of their motion for summary judgment, appellees also attached appellant’s claim for unemployment benefits in which appellant stated that she was separated from her job because “[Bogdanov] brought [his] son back to run [the] business.” Finally, appellees attached appellant's deposition testimony to their motion for summary judgment.

Appellees also filed a brief in support of their motion for summary judgment. In their brief, they argued that appellant admitted that she was terminated for reasons other than rebuffing Bogdanov’s sexual advances. They asserted that appellant admitted that she was terminated: (1) because Bogdanov’s son was going to take her job; or (2) because her friend allegedly took some pears from Bogdanov’s pear tree.

Additionally, appellees argued that appellant’s claim under the Arkansas Civil Rights Act “must fail.” They argued that “the Act protects persons against discrimination based on their status, it establishes certain protected classes, specifically, race, religion, national origin, gender, and disability. However, as has been shown, the termination of the plaintiff had nothing to do with her gender, but instead to a gender-neutral reason.”

Appellees also asserted that they were entitled to summary judgment on appellant’s “tort-of-outrage” cause of action. They argued that Bogdanov’s behavior did not rise to the level of outrageous and that appellant did not suffer severe emotional distress.

On February 19, 2002, appellant responded to appellees’ motion for summary judgment. Appellant asserted that there were outstanding factual issues and that therefore summary judgment was not proper. Specifically, she argued that the jury should be permitted to determine the reason for her termination. She also asserted that she had established: (1) a violation of the Arkansas Civil Rights Act; (2) a cause of action for the tort of outrage; and (3) a cause of action for wrongful discharge. Attached to her response were copies of her deposition, Bogdanov’s deposition, an affidavit from Mary Caldwell, and appellees’ answers to interrogatories.

In a brief in support of her response to appellees’ motion for summary judgment, appellant argued that there were outstanding factual disputes that must be resolved by a jury. First, she argued that a jury must determine whether Bogdanov’s behavior constituted sexual harassment in violation of the Arkansas Civil Rights Act. Next, she argued that the jury should determine whether appellant was terminated for rebuffing Bogdanov’s sexual advances. Finally, she argued that a jury should determine whether Bogdanov’s actions supported a claim for outrage.

In a response to appellant’s response, appellees argued that sexual harassment is not covered by the Arkansas Civil Rights Act and that the trial court could not look to federal Title VII cases when considering appellant’s cause of action under that Act. Appellant countered this assertion.

On March 5, 2002, a hearing was held on appellees’ motion for summary judgment. On April 16, 2002, the trial court issued its findings of fact and conclusions of law. The trial court found that there were no genuine issues of fact, and granted appellees’ motion for summary judgment. The trial court also found as a matter of law that appellant was terminated because Bogdanov wanted to rehire his son. Next, the trial court concluded that because appellant’s termination was not based on her gender, she failed to establish a cause of action pursuant to the Arkansas Civil Rights Act. Additionally, the trial court found that appellees were entitled to summary judgment on the wrongful-termination cause of action because appellant was an at-will employee, and as such, could be terminated at any time. Finally, the trial court found that appellees’ actions did not support a claim of outrage.

It is from this order that appellant appeals. We conclude that there are unresolved questions of fact relating to appellant’s civil-rights claim and wrongful-termination claim, and remand the matter for development of those issues.

In Palmer v. Council on Economic Education, 344 Ark. 461, 40 S.W.3d 784 (2001), we outlined the rules governing motions for summary judgment. We wrote:

[W]e need only decide if the granting of summary judgment was appropriate based on whether the evidentiary items presented by the moving party in support of the motion left a material question of fact unanswered. The burden of sustaining a motion for summary judgment is always the responsibility of the moving party. All proof submitted must be viewed in a light most favorable to the party resisting the motion, and any doubts and inferences must be resolved' against the moving party. Our rule states, and we have acknowledged, that summary judgment is proper when a claiming party fails to show that there is a genuine issue as to a material fact and when the moving party is entitled to summary judgment as a matter of law.
Once a moving party establishes a prima facie entitlement to summary judgment by affidavits or other supporting documents or depositions, the opposing party must demonstrate a genuine issue of material fact by meeting proof with proof. Furthermore, the moving party may present pleadings, depositions, answers to interrogatories, admissions on file, and affidavits, if any, to support the burden of showing entitlement to summary judgment as a matter of law.

Id. (Citing Crockett v. Essex Home. Inc., 341 Ark. 558, 19 S.W.3d 585 (2000)). Additionally, in Flentje v. First National Bank of Wynne, 340 Ark. 563, 11 S.W.3d 531 (2000), we noted:

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

Related

Melanie Jones v. WellPath, LLC
77 F.4th 658 (Eighth Circuit, 2023)
Moore v. Gibson
E.D. Arkansas, 2022
Banks v. Moore
E.D. Arkansas, 2022
Villarreal v. DeWitt
E.D. Arkansas, 2022
Ann Jenkins v. Mercy Hospital Rogers
2021 Ark. 211 (Supreme Court of Arkansas, 2021)
Jessica McCabe v. Wal-Mart Associates, Inc.
2019 Ark. App. 566 (Court of Appeals of Arkansas, 2019)
Gerber Products Co. v. Hewitt
2016 Ark. 222 (Supreme Court of Arkansas, 2016)
Holt v. Deer-Mt. Judea School District
135 F. Supp. 3d 898 (W.D. Arkansas, 2015)
Langford v. Wilkins
101 F. Supp. 3d 809 (E.D. Arkansas, 2015)
Tarasenko v. University of Arkansas
63 F. Supp. 3d 910 (E.D. Arkansas, 2014)
James Gladden, Jr. v. Kenneth Richbourg
759 F.3d 960 (Eighth Circuit, 2014)
Tripcony v. Arkansas School for the Deaf
2012 Ark. 188 (Supreme Court of Arkansas, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
103 S.W.3d 671, 352 Ark. 548, 2003 Ark. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/island-v-buena-vista-resort-ark-2003.