Sarah Joan Watson v. Bobby Dixon and Duke University, 130 N.C. App. 47

502 S.E.2d 15 (1998) · Court of Appeals of North Carolina · July 7, 1998 · No. COA97-638

Summary

The North Carolina Court of Appeals reviewed a jury verdict finding Bobby Dixon liable for battery and intentional infliction of emotional distress arising from workplace harassment, and finding Duke University liable on a ratification theory. The court upheld the sufficiency of the evidence supporting the intentional-infliction and ratification claims but held that punitive damages against Duke, whose liability was derivative, could not exceed those assessed against Dixon. The judgment was affirmed in part, reversed in part, and remanded for determination of punitive damages.

Holdings

  1. The appeal was timely because the properly filed written post-trial motions tolled the time for filing notice of appeal, and the thirty-day period began when the order denying those motions was entered.
  2. The evidence was sufficient to submit Watson's intentional-infliction-of-emotional-distress claim to the jury because Dixon's prolonged, escalating harassment could constitute extreme and outrageous conduct causing severe emotional distress.
  3. The evidence was sufficient to support submitting Duke's ratification liability to the jury because Duke personnel had knowledge of material facts concerning Dixon's conduct and failed to investigate or remedy it despite repeated reports.
  4. When an employer's liability is solely derivative through ratification, the employer's punitive-damages liability cannot exceed the employee's punitive-damages liability. The $500,000 punitive-damages award against Duke, which exceeded the $5,000 award against Dixon, could not stand.

Questions Presented

  1. Whether defendants' notice of appeal was timely when written post-trial motions were filed after entry of the written judgment.
  2. Whether the evidence was sufficient to submit Watson's intentional-infliction-of-emotional-distress claim against Dixon to the jury.
  3. Whether the evidence was sufficient to submit Duke University's ratification liability to the jury.
  4. Whether the punitive-damages award against Duke could exceed the punitive-damages award against Dixon when Duke's liability was solely derivative through ratification.

Disposition

reversed_and_remanded

Cases Cited (16)

  • Lassiter v. English, 126 N.C. App. 489, 485 S.E.2d 840 (1997), disc. review denied, 347 N.C. 137, 492 S.E.2d 22 (1997)(followed)
  • Bryant v. Thalhimer Brothers Inc., 113 N.C. App. 1, 437 S.E.2d 519 (1993)(followed)
  • North Carolina National Bank v. Burnette, 297 N.C. 524, 256 S.E.2d 388 (1979)(followed)
  • Hornby v. Pennsylvania National Mutual Casualty Insurance Co., 62 N.C. App. 419, 303 S.E.2d 332 (1983), disc. review denied, 309 N.C. 461, 307 S.E.2d 364 (1983)(followed)
  • Stanback v. Stanback, 297 N.C. 181, 254 S.E.2d 611 (1979)(followed)
  • Hogan v. Forsyth Country Club Co., 79 N.C. App. 483, 340 S.E.2d 116 (1986), disc. review denied, 317 N.C. 334, 346 S.E.2d 140 (1986)(followed)
  • Dickens v. Puryear, 302 N.C. 437, 276 S.E.2d 325 (1981)(followed)
  • Denning-Boyles v. WCES, Inc., 123 N.C. App. 409, 473 S.E.2d 38 (1996)(followed)
  • Brown v. Burlington Industries, Inc., 93 N.C. App. 431, 378 S.E.2d 232 (1989), disc. review improvidently allowed, 326 N.C. 356, 388 S.E.2d 769 (1990)(followed)
  • Carolina Equipment & Parts Co. v. Anders, 265 N.C. 393, 144 S.E.2d 252 (1965)(followed)

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