Jackson v. Rohm & Haas Co.

56 Pa. D. & C.4th 449, 2002 Pa. Dist. & Cnty. Dec. LEXIS 220
CourtPennsylvania Court of Common Pleas, Philadelphia County
DecidedApril 10, 2002
Docketnos. 3824 and 1906
StatusPublished
Cited by5 cases

This text of 56 Pa. D. & C.4th 449 (Jackson v. Rohm & Haas Co.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jackson v. Rohm & Haas Co., 56 Pa. D. & C.4th 449, 2002 Pa. Dist. & Cnty. Dec. LEXIS 220 (Pa. Super. Ct. 2002).

Opinion

COLINS, J.,

I. PROCEDURAL HISTORY

Plaintiff Mark Jackson, sued Rohm and Haas Company, Michael McLaughlin, Celia Joseph, and Wayne Davis for invasion of privacy, intentional infliction of emotional distress and civil conspiracy. Original service of this action was served upon defendants on June 17, 1999. Plaintiff also sued June McCrory for defamation. Original service of this action was served upon June McCrory on July 1, 1999. On August 31, 2000, the two cases were consolidated. A jury was selected on September 21, 2001. In the middle of the trial, Michael McLaughlin, Celia Joseph, and Wayne Davis were individually released from the case. The claim of civil conspiracy was dismissed. Pursuant to a 20-day trial, the jury returned a verdict of $150,000 in favor of plaintiff and against R&H on October 19, 2001.

Plaintiff filed timely post-trial motions seeking removal of nonsuit, an additur, or in the alternative, a new trial. Following receipt of the transcript, written memoranda were submitted by the parties and oral argument was presented to the court on February 14, 2001.

[451]*451After considering all of the written and oral presentations by the parties, the defendant R&H’s motion for post-trial relief is granted. Judgment n.o.v. granted in favor of defendant R&H.

II. FACTUAL BACKGROUND

June McCrory, a secretary at R&H, and Mark Jackson, an accountant at R&H, met at their place of employment, R&H. Mark Jackson called June McCrory on Friday, June 26, 1998, to ask her to have lunch the following week. During the conversation, Mr. Jackson offered to drive June McCrory home that evening so she would not have to take a cab in the middle of the SEPTA strike. June McCrory accepted. Mr. Jackson and Ms. McCrory left work together. When they arrived at Ms. McCrory’s home, they continued talking in the car. Mr. Jackson asked Ms. McCrory to dinner for the evening and she accepted. They went to dinner and two nightclubs. At the end of the evening, Mr. Jackson drove Ms. McCrory to his apartment. The events after this point in the evening are disputed.

Ms. McCrory told a friend and co-worker about allegations of sexual assault that occurred on the evening she spent with Mr. Jackson. The friends encouraged Ms. McCrory to report the matter. On July 10, 1998, the friénds took Ms. McCrory to the human resources office and Ms. McCrory spoke with two attorneys from R&H. Later, Mr. Jackson was interviewed about the report from Ms. McCrory.

After interviewing both parties, company representatives concluded that they were unable to resolve the differences between the recitation of events given by Mr. [452]*452Jackson and Ms. McCrory and informed the parties that the company would take no further action.

Mr. Jackson continued to be employed by R&H and was promoted in March 2000. In August 2000, he left on disability claiming he was no longer able to work because of “severe depression” which he contended was related to events at issue in this litigation. Ms. McCrory left R&H in December 1998 and stated that the sexual assault incident prompted her to seek other employment.

Plaintiff Mark Jackson, brought claims arising from R&H’s response to certain information obtained from June McCrory regarding events that took place on June 26-27, 1998. Mark Jackson brought claims of invasion of privacy and intentional infliction of emotional distress against the company and a claim of defamation against June McCrory. June McCrory filed counterclaims of assault and battery and intentional infliction of emotional distress.

III. LEGAL DISCUSSION

A. The Plaintiff’s Motion for Judgment N. O. V. Must Be Granted

Pennsylvania law has long held that a motion for judgment n.o.v. is properly entered only in clear cases, where viewing the evidence in the light most favorable to the verdict winner and granting the verdict winner every reasonable and favorable inference there is insufficient evidence to sustain a verdict. Sundlun v. Shoemaker, 421 Pa. Super. 353, 358, 617 A.2d 1330, 1333 (1992). A judgment n.o.v. is appropriate where either the evidence is such that no two reasonable minds could disagree that [453]*453the outcome should have been rendered in favor of the movant or the movant is entitled to a judgment as a matter of law. Moure v. Raeuchle, 529 Pa. 394, 604 A.2d 1003 (1992). In this case, movant, R&H, is entitled to a judgment as a matter of law.

1. A Review of the Facts Presented at Trial Indicate That Mr. Jackson’s Claims Were Barred by the Pennsylvania Workers’ Compensation Act

R&H claimed that a judgment n.o.v. was required because the Pennsylvania Workers’ Compensation Act barred Mr. Jackson’s invasion of privacy claim as a matter of law. R&H further contended that the personal animus exception to the WCA, raised by Mr. Jackson, did not apply in this case. This court agrees.

The WCA provides exclusive benefits for workers who suffer injury arising in the course of employment or in relation to employment. 77 P.S. §411(1). Under the Act, the employee gives up his or her common-law right to damages for any injury occurring in the course of employment in exchange for the exclusive statutory right to compensation for all injuries. Socha v. Metz, 385 Pa. 632, 637, 123 A.2d 837, 839 (1956). This exclusivity provision has been set forth in section 303 of the Act, stating:

“The liability of an employer under this Act shall be exclusive and in place of any and all other liability to such employes [sic]... otherwise entitled to damages in any action at law or otherwise on account of any injury or death defined in [section 411].” 77 P.S. §481.

The exclusive effect of the Act is to immunize an employer from civil suits brought by their employees for [454]*454work-related injuries. Kline v. Arden H. Verner Co., 503 Pa. 251, 469 A.2d 158 (1983). This not only includes negligence claims, but also intentional tort claims against an employer. See Poyser v. Newman & Company Inc., 514 Pa. 32, 36, 522 A.2d 548, 550 (1987).

Mr. Jackson contended that the injury he suffered was not barred by the WCA. In order for Mr. Jackson’s contention to be valid, his injury must have arisen outside his course of employment or have fallen under an exception, namely the personal animus exception.

The first issue before this court was to decide whether Mr. Jackson’s injuries were work-related. If so, the WCA barred Mr. Jackson’s civil claim. Whether a claimant is acting within the scope of employment at the time of the injury so as to fall within coverage of the WCA is a question of law to be determined on the basis of the findings of fact. 77 P.S. §1. Albright v. Fagan, 448 Pa. Super. 395, 671 A.2d 760 (1996). Based on the facts presented at trial the court finds that Mr.

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Bluebook (online)
56 Pa. D. & C.4th 449, 2002 Pa. Dist. & Cnty. Dec. LEXIS 220, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-rohm-haas-co-pactcomplphilad-2002.