Medlin v. Bass

386 S.E.2d 80, 96 N.C. App. 410, 1989 N.C. App. LEXIS 1034
CourtCourt of Appeals of North Carolina
DecidedDecember 5, 1989
Docket889SC1079
StatusPublished
Cited by3 cases

This text of 386 S.E.2d 80 (Medlin v. Bass) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Medlin v. Bass, 386 S.E.2d 80, 96 N.C. App. 410, 1989 N.C. App. LEXIS 1034 (N.C. Ct. App. 1989).

Opinions

LEWIS, Judge.

By complaint and amended complaint, plaintiff sets forth several claims for relief. Plaintiff alleges that during the 1984-85 school year Vann J. Bass (Bass) was the principal of Bunn Elementary School in Franklin County and an employee of the Franklin County public schools. Warren W. Smith (Smith) was employed by the Franklin County Board of Education (Board of Education) as the superintendent of the Board of Education. The Board of Education employed Russell E. Allen (Allen) as its Assistant Superintendent and Luther Baldwin (Baldwin) as a truancy officer. The complaint also alleges the Board of Education has waived its liability for damages from the negligence of its employees by purchasing liability insurance. The complaint alleges that Bass twice assaulted Pamela Lynn Medlin, a nine-year-old, fourth grade student, during the first few days of the 1984-85 school year.

Plaintiff seeks to recover from Bass for assault and battery, false imprisonment, intentional infliction of emotional distress, negligent furnishing of services, negligent failure to report child abuse and breach of fiduciary duty. The complaint sets forth claims for relief against Smith and Allen for negligent investigation, hiring and supervising of Bass. Plaintiff seeks to recover for Baldwin’s alleged intentional infliction of emotional distress and failure to properly investigate Pamela Medlin’s school attendance problems. The complaint also alleges that all actions by Bass, Smith, Allen and Baldwin should be attributed to the Board of Education and asserts each claim for relief previously described against the Board of Education.

[413]*413Plaintiff seeks in excess of $10,000.00 compensatory damages and punitive damages in excess of $10,000.00. Plaintiff also requests attorneys’ fees and costs. On 26 April 1988, the trial court granted summary judgment in favor of Smith, Allen, Baldwin and the Board of Education. The claims against Bass remain.

Plaintiff appeals on the grounds that there were genuine issues of material fact which should not have been decided on a motion for summary judgment. Defendants Smith, Allen, Baldwin and the Board of Education assign error to the trial court’s consideration of a certain supplemental affidavit. We have reviewed plaintiff’s assignment of error and conclude summary judgment was properly granted as to these defendants. Having reached this conclusion, we do not address defendants’ assignment of error.

Summary judgment should be granted “if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.” G.S. 1A-1, Rule 56(c). A defendant may be entitled to summary judgment if he can show “there is no genuine issue of material fact concerning an essential element of the claimant’s claim for relief and that the claimant cannot prove the existence of that element.” Best v. Perry, 41 N.C. App. 107, 109, 254 S.E.2d 281, 283 (1979). “Where there is no genuine issue as to the facts, the presence of important or difficult questions of law is no barrier to the granting of summary judgment.” Kessing v. Mortgage Corp., 278 N.C. 523, 534, 180 S.E.2d 823, 830 (1971).

The evidence presented at the hearing on the motion for summary judgment showed that before working in Franklin County Bass had been employed as a teacher and principal in Rocky Mount, North Carolina, for approximately ten years. In June 1968, Bass sexually assaulted a male junior high school student. Bass testified that he was confronted by Rocky Mount school Superintendent O. C. Fields (Fields) about the incident and decided to resign. Bass does not recall discussing the assault with anyone other than Fields and the student’s father, and Bass did not admit or deny the assault to Fields. The student testified that he and his father did not attempt to make the incident the focus of public attention. Following his resignation from the Rocky Mount schools, Bass moved to his mother’s home in Franklin County and did not work until he applied with the Franklin County schools on 2 January 1969.

[414]*414Bass testified that he applied to teach at the request of Franklin County principal W. H. Kelly (Kelly). The employment application asked for three references. Margaret Holmes (Holmes), Associate Superintendent of Franklin County schools in 1969, testified that in 1969 it was the policy in that county to contact two of the three references listed on the employment application, preferably references with the most job-related contact. Holmes contacted one of Bass’ references, Millie Moore, by telephone and was told Bass left Rocky Mount for health reasons which would not affect his performance in Franklin County. On 7 February, Smith mailed reference sheets to Millie Moore and another of the references listed on Bass’ application, Ella Moore. The completed reference sheets were not received by Franklin County schools until 11 and 13 February 1969.

On 7 January 1969, Smith informed Bass that the Board of Education had elected Bass to begin teaching at Bunn High School on 3 February 1969. On 19 May 1969, Bass applied for a principal position in Franklin County and was hired for this position in June. No reference sheets were requested when Bass was hired as principal because an investigation had been done a few months earlier in connection with his teaching application.

In late February or early March 1969, after Bass was hired as a teacher but before he became principal, Kelly asked Holmes to investigate a rumor that Bass was a homosexual. Holmes visited Fields, the Rocky Mount school superintendent and the third reference listed on Bass’ employment application. Holmes testified that in response to specific questions, Fields stated he had no knowledge or record of Bass’ homosexuality. Smith knew Holmes went to Rocky Mount to investigate the rumor and was informed of the substance of her investigation. Fields testified he does not remember Holmes asking about Bass’ alleged homosexuality but he does recall talking with Smith personally about Bass’ performance as a principal.

Bass resigned his principal position in Franklin County following a complaint to the Board of Education that he had assaulted Pamela. Previously Bass had discussed Pamela’s attendance problems with her family but had never received any indication that Pamela’s attendance problems were related ■ to him personally.

The claims against Smith as superintendent of schools and agent of the Board of Education are based on negligent investiga[415]*415tion, hiring and supervision of Bass. Plaintiff contends that since the evidence shows Bass left his position in Rocky Mount after the first alleged assault incident, then Smith negligently investigated and hired Bass and summary judgment was not proper as to these claims. However, the evidence shows that Bass’ employment application was investigated according to policy and there is no evidence that Smith was informed of or knew about the Rocky Mount incident when Bass was hired. Plaintiff did not present evidence that Smith knew of the Rocky Mount incident or that he could reasonably have found out about it by conducting a more thorough investigation. The evidence also shows that Smith properly supervised Bass.

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Related

Medlin v. Bass
398 S.E.2d 460 (Supreme Court of North Carolina, 1990)
Medlin v. Bass
386 S.E.2d 80 (Court of Appeals of North Carolina, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
386 S.E.2d 80, 96 N.C. App. 410, 1989 N.C. App. LEXIS 1034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medlin-v-bass-ncctapp-1989.