Wooler v. Hancock

988 F. Supp. 47, 1997 U.S. Dist. LEXIS 19822, 1997 WL 769364
CourtDistrict Court, D. Rhode Island
DecidedNovember 7, 1997
DocketNo. CIV.A. 96-106B
StatusPublished
Cited by1 cases

This text of 988 F. Supp. 47 (Wooler v. Hancock) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wooler v. Hancock, 988 F. Supp. 47, 1997 U.S. Dist. LEXIS 19822, 1997 WL 769364 (D.R.I. 1997).

Opinion

ORDER

TORRES, District Judge.

The recommendation contained in the Report of Magistrate Judge Lovegreen dated June 24,1997, is hereby accepted.

REPORT AND RECOMMENDATION

LOVEGREEN, United States Magistrate Judge.

The plaintiff, David Wooler, filed this diversity action alleging that the defendant, Scott Hancock, tortiously interfered with Wooler’s contractual employment relationship with his former employer. The face of the complaint satisfies the requirements set forth in 28 U.S.C. § 1332(a): Wooler is a' Rhode Island resident, Hancock is a Maryland resident, and the. amount in controversy exceeds the statutory minimum. Hancock now moves for summary judgment pursuant to Federal Rule of Civil Procedure -56(c). This matter has been referred to this court for preliminary review, findings, and recommended disposition. 28 U.S.C. § 636(b)(1)(B); Local Rule of Court 32(c). A hearing was held on June 10, 1997. After weighing the arguments of counsel and the memoranda submitted, in addition to conducting independent research, I recommend that Hancock’s motion be granted.

Factual Background.

The following facts are not in dispute. The Wilson Publishing Company employed Wooler as a newspaper reporter for the Narragansett Times from April 15, 1994 until he was dismissed on. March 3, 1995. During that period, Wooler wrote many articles, often published as the lead story and occasion-' ally accompanied by his own photographic work. Wooler primarily covered the Town of Narragansett. Wooler frequently investigated and reported stories questioning the conduct of certain municipal officials.

One such instance led Scott Hancock, then the Town Manager of Narragansett, to meet with Mr. Frederick Wilson, III, the owner of Wilson Newspapers and ■publisher of the Narragansett Times, in October 1994 to complain about Wooler’s reporting. At the meeting, Hancock bemoaned both the method and substance of Wooler’s reporting. Hancock deemed Wooler’s style intrusive, rude, and otherwise inappropriate; he regarded Wool-er’s stories as “too negative” and stated that he was otherwise “not a good reporter.” Compl. at ¶ 11. Hancock, requested that Wilson transfer Wooler to another beat. One or two months later, Wilson and Hancock met for lunch at Wilson’s request. At that meeting, the two discussed the balance of coverage at the Times; Hancock asked Wilson to publish “more positive stories about good things that were going on in Narragansett.” Wilson Dep. at 26.

Exercising his plenary authority to terminate employees of the Narragansett Times, Wilson fired Wooler on March 3, 1995. Almost one year later, Wooler instituted this lawsuit claiming that Hancock’s complaint to Wilson constituted a tortious interference with Wooler’s employment contract. Hancock seeks summary judgment on the ground that Wooler is unable to establish the necessary causal connection linking Hancock’s complaint to the termination. Hancock further argues that Wilson fired Wooler for a number of job-related problems caused by Wooler’s fixation with investigative journalism. In support Hancock proffers the extensive deposition testimony of Wilson and Betty Cotter, then the editor of the Times.

In opposition, Wooler disputes that he was fired for job-related reasons because, he argues, his performance at the Times was satisfactory. In support he cites the “essence” of his own one-page affidavit which states: “I believe that at all times, when considering the length and nature of my stories, my production, as reflected in the attached document, met the requirements of my job.” Wooler Aff. ¶ 4. A production tally attached to his affidavit indicates that Wooler wrote eighty-seven stories which appeared in twen[49]*49ty-two issues of the Times, an average of about four stories per issue. Wooler also claims to have “smoking gun” evidence contradicting Wilson’s proffered reason for termination: the Notice of Decision on his application for state unemployment benefits states that “[t]he claimant states that he was discharged for philosophical differences with his supervisor. The employer representative verifies the claimant’s statement.” Pi’s. Mem. in Opp’n to Mot. for Summ. J., Ex. 1 (emphasis added). Wooler asserts that he has produced enough evidence to create a genuine issue of material fact as to the real reason for his termination, thereby staving off summary judgment.

Summary Judgment Standard.

Our rules of civil procedure state that a party shall be entitled to summary judgment “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 the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). Hence, “a party seeking summary judgment [must] make a preliminary showing that no genuine issue of material fact exists. Once the movant has made this showing, the nonmovant must contradict the showing by pointing to specific facts demonstrating that there is, indeed, a trialworthy issue.” Nat’l Amusements, Inc. v. Town of Dedham, 43 F.3d 731, 735 (1st Cir.), cert. denied, 515 U.S. 1103, 115 S.Ct. 2247, 132 L.Ed.2d 255 (1995). An issue is “genuine” when a “reasonable jury, drawing favorable inferences, could resolve the fact in the manner urged by the nonmoving party”; a “material” fact is a “contested fact that has the potential to alter the outcome of the suit under the governing law if the controversy over it is resolved satisfactorily to the nonmovant.” Blackie v. State of Maine, 75 F.3d 716, 721 (1st Cir.1996).

Discussion.

Rhode Island common law recognizes as actionable the tort of intentional and malicious interference with a contractual relationship. Smith Dev. Corp. v. Bilow Enters., Inc., 112 R.I. 203, 308 A.2d 477, 480 (1973). To establish such a claim the plaintiff must show (1) the existence of a contract; (2) the alleged wrongdoer’s knowledge of the contract; (3) his intentional interference; and (4) damages resulting therefrom. Id., 308 A.2d at 482; see Ocean State Physicians Health Plan, Inc. v. Blue Cross & Blue Shield of Rhode Island, 883 F.2d 1101, 1113 (1st Cir.1989). As contemplated under this tort, the notion of “malice” does not mean that the defendant’s interference need be spiteful or illwilled, but simply unjustified. Mesolella v. City of Providence, 508 A.2d 661, 669-70 (R.I.1986). With this in mind, “[o]nce the plaintiff has proven the four elements, the burden shifts to the defendant to justify its actions.” URI Cogeneration Partners, L.P. v. Bd. of Governors for Higher Ed., 915 F.Supp. 1267, 1289 (D.R.I.1996);

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

Related

Ed Peters Jewelry Co. v. C & J JEWELRY, CO.
51 F. Supp. 2d 81 (D. Rhode Island, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
988 F. Supp. 47, 1997 U.S. Dist. LEXIS 19822, 1997 WL 769364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wooler-v-hancock-rid-1997.