Woody v. Stapp

189 P.3d 807, 146 Wash. App. 16
Court of Appeals of Washington·Decided May 20, 2008·No. No. 25909-9-III·Published·Cited by 49 cases

Opinion

Brown, J.

¶1 David M. Woody worked as an at-will employee for Pacific Northwest National Laboratories/ Battelle. His employment was terminated based on investigative reports given by his co-workers, Darby Stapp, [19] Jennifer Irlam (formerly Zohn), Ellen Prendergast, and Michael Fallon, following an investigation prompted by Mr. Woody’s refusal to attend a work meeting in the presence of Ms. Irlam. Mr. Woody sued the co-workers, alleging defamation, civil conspiracy, and tortious interference with a business expectancy. He appeals the summary dismissal of his suit, contending material fact issues remain and the co-workers’ false statements exceeded the qualified immunity accorded internal investigative reports. We disagree and affirm.

FACTS

¶2 In July 2004, after two years with Battelle as an at-will employee, Mr. Woody refused Mr. Stapp’s request that he attend a work meeting with Ms. Irlam, explaining he had been sexually harassed by her. Battelle’s equal employment opportunity (EEO) specialist investigated and interviewed Mr. Woody’s co-workers.

¶3 Ms. Irlam denied harassing Mr. Woody and reported he told her that he had a crush on her and was unhappily married. She reported Mr. Woody had given her a romantic card after she filed for divorce and often put his arm around her and tried to hug her. Ms. Irlam related an incident when Mr. Woody walked into her office, closed the door, and then tried to kiss her and she resisted. The next day, he sent an e-mail that said, “Should I close your door again today?” Clerk’s Papers (CP) at 15. Ms. Irlam responded, “Umm, No!” CP at 15.

¶4 Mr. Stapp reported Ms. Irlam told him about the incident. Further, Mr. Woody sent him several e-mails bragging about his abilities to romance Ms. Irlam.

¶5 Ms. Prendergast reported Mr. Woody bragged that he “nailed” Ms. Irlam and commented on Ms. Irlam’s working relationship with another co-worker, stating, “I would do that if someone gave me a blowjob.” CP at 82.

¶6 Mr. Fallon, an intern, reported to the investigator that Mr. Woody bragged about having “unlawful carnal [20] knowledge” of Ms. Irlam. CP at 83. He reported an incident where Mr. Woody used a hammer in a threatening way toward another co-worker. Mr. Fallon further reported Mr. Woody instructed him on his way to meet the investigator that Mr. Fallon needed to “back your brother’s play.” CP at 83.

¶7 Battelle’s EEO investigation determined Ms. Irlam’s personal conversations with Mr. Woody “were not unwelcome” and not sexually harassing. CP at 83. Battelle’s management, however, found

[Mr. Woody] had engaged in a series of threatening, intimidating and unprofessional behaviors. [Mr. Woody] was aggressive and threatening to another co-worker. [Mr. Woody] had also engaged in inappropriate verbal comments, insinuations and innuendos of a sexual nature about co-workers. [Mr. Woody] was not forthright during the investigation and then attempted to intimidate and influence others to support his version of events and allegations.

CP at 83. Mr. Woody was terminated on August 9, 2004, for “engaging in hostile, intimidating, and unprofessional behavior” violating Battelle’s policies. CP at 84.

¶8 Mr. Woody sued the co-workers, alleging defamation, civil conspiracy to defame, and tortious interference with his business expectancy. After summary dismissal of all claims, Mr. Woody appealed.

ANALYSIS

¶9 The issue is whether the trial court erred in deciding no material facts remained before summarily dismissing Mr. Woody’s defamation, civil conspiracy, and tortious interference with a business expectancy claims.

¶10 We review summary judgment grants de novo. Hubbard v. Spokane County, 146 Wn.2d 699, 706-07, 50 P.3d 602 (2002). Summary judgments require no remaining issues of material fact for the moving party to receive judgment as a matter of law. CR 56(c). All facts and [21] reasonable inferences are construed in a light most favorable to the nonmoving party. Hubbard, 146 Wn.2d at 707. We may affirm the trial court’s grant of summary judgment if it is supported by any grounds in the record. LaMon v. Butler, 112 Wn.2d 193, 200-01, 770 P.2d 1027 (1989). When reasonable minds could reach but one conclusion, questions of fact may be determined as a matter of law. Michelsen v. Boeing Co., 63 Wn. App. 917, 920, 826 P.2d 214 (1991).

¶11 1. Defamation. Surviving a defense summary judgment motion requires the plaintiff to show disputed material facts concerning the defamation elements: “falsity, an unprivileged communication, fault, and damages.” Mohr v. Grant, 153 Wn.2d 812, 822, 108 P.3d 768 (2005).

¶12 Mr. Woody fails to prove falsity. Mr. Woody relies solely on his denial of what he asserts the defendants have falsely said. However, reasonable minds could not dispute that based on the e-mail correspondence and corroboration of statements reflected in Battelle’s EEO investigation, Mr. Woody acted inappropriately while employed at Battelle. To defeat a defamation claim, “[a] defendant need only show that the statement is substantially true or that the gist of the story, the portion that carries the ‘sting’, is true.” Mark v. Seattle Times, 96 Wn.2d 473, 494, 635 P.2d 1081 (1981). Here, the record supports the proposition that the coworkers’ criticized statements were substantially true.

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Woody v. Stapp, 189 P.3d 807, 146 Wash. App. 16 (Wash. Ct. App. 2008).

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