Jackson v. Righter

891 P.2d 1387 (1995)

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Nature of the Case

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Facts

P and Marie Jackson were married on August 14, 1987. In November 1988, Marie began working at Novell. Righter (D) was Novell's Director of Software Engineering. Righter was Marie's immediate supervisor between November 1988 and August 1991. Righter promoted her to the positions of administrative assistant and project coordinator, authorized her to record unworked overtime hours as an unofficial raise, and gave her substantial bonuses. He also lavished gifts on her from his personal funds. By November 1990, Righter began making overtures toward her which resulted in a romantic relationship between them. They spent much time together in Righter's office during working hours discussing personal matters, hugging, and kissing. Righter used business as a pretext for after-hours action. Righter took her on business trips during working hours. Others at Novell became aware of the extracurricular activities. Marie terminated their romantic relationship in July 1991. She then began a relationship with Wilkes (D), who was employed at that time as an engineering manager in Novell's Sandy office. Wilkes and Marie were involved in a sexual relationship. In August 1991, Righter became Vice President of Univel and moved to another office. Marie transferred with him and remained under his direct-line supervision. In December 1991, Wilkes also became employed by Univel as a technical lead and worked in the same department with Marie at the new office but never supervised her. P discovered it all. They divorced. P filed this action alleging that Righter and Wilkes had alienated Marie's affections toward him, intentionally inflicted emotional and physical injury on him, and intentionally interfered with his marital contract. P alleged that Novell and Univel were vicariously liable for these tortious actions and that Novell and Univel were directly liable for negligently supervising and retaining Righter and Wilkes. All Ds moved for summary judgment. The trial court denied the motions of Righter and Wilkes, and granted summary judgment in favor of Novell and Univel. P appealed.