Roukaya Ali v. Alliance Home Health Care, LLC, L.J.L. Enterprises, Inc., and Larry J. Logsdon

53 N.E.3d 420, 2016 Ind. App. LEXIS 87, 2016 WL 1158610
CourtIndiana Court of Appeals
DecidedMarch 24, 2016
Docket49A02-1507-CT-986
StatusPublished
Cited by20 cases

This text of 53 N.E.3d 420 (Roukaya Ali v. Alliance Home Health Care, LLC, L.J.L. Enterprises, Inc., and Larry J. Logsdon) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roukaya Ali v. Alliance Home Health Care, LLC, L.J.L. Enterprises, Inc., and Larry J. Logsdon, 53 N.E.3d 420, 2016 Ind. App. LEXIS 87, 2016 WL 1158610 (Ind. Ct. App. 2016).

Opinion

CRONE, Judge.

Case Summary

[1] Roukaya Ali appeals a ‘ summary judgment in favor of Alliance Home Health Care, LLC (“Alliance”), L.J.L. Enterprises, Inc. (“LJL”), and LJL’s sole owner Larry J. Logsdon (collectively “Ap-pellees”) on her claims of defamation, malicious prosecution, false imprisonment, intentional infliction of emotional distress, and vicarious liability, all stemming from Appellees’ claims that she stole jewelry from two of her home healthcare patients. 1 We affirm.

Facts and Procedural History

[2] The undisputed facts are as follows. Alliance is a home healthcare company in the business of providing skilled home nursing, therapy, and companion services for senior adults who often cannot care for themselves. Ali, a certified nurse’s aide (“CNA”) and certified home health aide *426 (“CHHA”), began her employment as an in-home health worker at Alliance in 2007.

[3] On January 31, 2011, Alliance patient Albert Barnes and his wife discovered that twelve pieces of jewelry were missing from their home. Among the missing items was Barnes’s unique ring with Greek lettei’s, small diamonds, and an anchor pin attached to it. The Barneses notified the Indianapolis Metropolitan Police Department (“IMPD”), which began an investigation. Barnes’s wife told IMPD that she remembered seeing the jewelry on January 28, and Barnes said that he wore some of the rings on January 29. The couple also reported the theft to them insurance company, which in turn notified Alliance. Alliance’s human resources department began an internal investigation and subsequently hired an outside company, LJL, to conduct the investigation, LJL’s sole owner and president is Logsdon, a retired sheriffs department investigator. Logs-don checked the employee schedule and found that only two Alliance employees had worked at the Barnes residence between January 28 and January 31, 2011. One of those was Ali, who did not regularly work' for Barnes but had worked at his home as a fill-in on January 30 and 31 from 11:00 a.m, to 5:00 p.m.

[4] On February 7, 2011, Betty McIntyre, the regular fulltime nurse for another Alliance patient, Jack Morris, discovered that Morris was not wearing his Masonic ring. Morris was elderly and needed 24/7 care, and McIntyre knew that he never took off his Masonic ring. She noticed that he was wearing a different ring, one with Greek letters, diamonds, and an anchor pin attached. Morris’s son reported the theft of the Masonic ring to IMPD. When Alliance received word of the Morris theft, Logsdon went to interview McIntyre, who told him that she last remembered seeing the Masonic ring on Morris’s finger on February 4, 2011, and that she had heard Morris say, on February 7, 2011, that his ring was missing and had been replaced with a different one. Logs-don also interviewed Theresa Azikiwe, the Alliance employee who worked for Morris on February 9, 2011. Azikiwe reported that Morris had pointed to the ring with the Greek letters, diamonds, and anchor pin and said that he wanted his son to have it.

[5] The Barneses subsequently identified the unique anchor ring found on Morris’s finger as one of the items stolen from their residence. Logsdon consulted the Alliance schedules and discovered that Ali had worked as fill-in at Morris’s residence on February 6, 2011. Six other Alliance employees had worked for Morris, but a comparison of the schedules showed that Ali was the only employee who had worked for both Barnes and Morris during the timeframes that they had pinpointed for the thefts. Barnes and Morris lived about fourteen miles apart and were, not acquainted.

[6] Alliance terminated Ali’s employment on February 27, 2011. When Ali applied for unemployment benefits, the Department of' Workforce Development (“DWD”) sent Alliance a form inquiring as to the reason for her termination. Alliance responded that the reason was theft. Alliance also contacted the Indiana State Department of Health (“ISDH”) concerning the results of-its theft investigation against Ali. ISDH conducted an evidentia-ry hearing and determined that Ali had misappropriated the jewelry from Barnes and Morris. As a result, ISDH revoked Ali’s healthcare certifications.

[7] IMPD conducted an investigation of both thefts and interviewed numerous witnesses and suspécts, including Ali. Alliance and Logsdon cooperated by providing IMPD with the information gathered dur *427 ing Logsdon’s investigation. IMPD Detective Michael Schollmeier executed a probable cause affidavit implicating Ali as the perpetrator of both thefts.

[8] Marion County Deputy Prosecutor Robert Reel reviewed the evidence submitted by IMPD and concluded that, probable cause existed to charge Ali with both thefts. A Marion Superior Court judge made a. determination of probable cause and issued a warrant for Ali’s arrest. The State charged her with two counts of class D felony theft. She is an African immigrant subject to deportation for a felony conviction. She was acquitted following a bench trial. .

[9] Ali filed a civil action against Ap-pellees, alleging defamation, malicious prosecution, false imprisonment, negligent supervision (subsequently withdrawn), vicarious liability, intentional infliction of emotional distress, and negligent infliction of emotional distress. Appellees sought summary judgment, which the trial court granted. The trial court subsequently issued an order clarifying that its summary judgment .order pertained to .LJL and Logsdon as well as to Alliance. Ali now appeals. Additional facts will be provided as necessary.

Discussion and Decision

[10] Ali maintains that the trial court erred in granting summary judgment in favor of Appellees. We review a summary judgment de novo, applying the same standard as the trial court and drawing all reasonable inferences in favor of the non-moving party. Hughley v. State, 15 N.E.3d 1000, 1003 (Ind.2014). In conducting our review, we consider only those matters that were designated at the summary judgment stage. Haegert v. McMul-lan, 953 N.E.2d 1223, 1229 (Ind.Ct.App. 2011). Summary judgment is appropriate if the designated evidence shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law, Hughley, 15 N.E.3d at 1003; Ind. Trial Rule 56(C).

[11] The moving party bears the initial burden of demonstrating the “absence of any genuine issue of fact as to a determinative issue.” Williams v. Tharp, 914 N.E.2d 756, 761 (Ind.2009). Then the burden shifts to the nonmoving party to “come forward with contrary evidence” showing a genuine issue for the trier of fact. Id. at 762. The rionmoving party cannot rest upon the allegations or denials in the pleadings. Syfu v. Quinn, 826 N.E.2d 699, 703 (Ind.Ct.App,2005). In Hughley, our supreme court emphasized that the moving party bears an onerous burden of affirmatively negating the opponent’s claim.

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Bluebook (online)
53 N.E.3d 420, 2016 Ind. App. LEXIS 87, 2016 WL 1158610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roukaya-ali-v-alliance-home-health-care-llc-ljl-enterprises-inc-indctapp-2016.