Thompson v. Johnson

Summary

The Nebraska Supreme Court affirmed summary judgment for Aaron and Shawna Johnson in Kim Thompson’s tortious interference with a business relationship action. The court held that the Johnsons provided truthful information to Millard Public Schools, making their alleged interference unjustified as a matter of law, and therefore did not reach whether their communications caused Thompson’s termination.

Holdings

1. A person does not incur liability for tortiously interfering with a business relationship by providing truthful information to the other party to that relationship. Because the Johnsons provided truthful information to Millard Public Schools, their communications were not unjustified.
2. To prevail on a claim for tortious interference with a business relationship or expectancy, a plaintiff must prove a valid business relationship or expectancy, the interferer's knowledge of it, an unjustified intentional act of interference, causation of the harm, and resulting damage.
3. Once the moving party makes a prima facie showing for summary judgment, the burden shifts to the opposing party to produce admissible contradictory evidence establishing a genuine material factual issue.

Questions Presented

1. Whether the evidence created a genuine issue of material fact as to whether the Johnsons' interference with Thompson's employment relationship was unjustified.
2. Whether the evidence created a genuine issue of material fact as to whether the Johnsons' communications caused Thompson's loss of employment.
3. Whether summary judgment was proper on Thompson's tortious-interference claim.

Disposition

affirmed