McIntyre v. Heart N Soul Tax Services
In this sexual harassment case, three of the plaintiffs were asked at their depositions if they suffered any emotional distress as a result of the offensive conduct in the workplace and each answered no. Based on this deposition testimony and other evidence, defendant employer Heart N Soul Tax Services of Vallejo, Inc. moved for summary judgment on the ground that plaintiffs sustained no damages. A critical component of defendants motion was the attempt to negate the existence of all general damages for emotional or mental suffering. The trial court found defendants showing to be sufficient, and granted summary judgment against the three plaintiffs. They now appeal on the grounds that (1) defendant failed to meet its initial burden as moving party because the referenced deposition testimony was insufficient to negate all general damages allegedly caused by the wrongful conduct and (2) other deposition testimony created a reasonable inference that plaintiffs sustained emotional harm in the form of revulsion, humiliation or indignity. Court agree and accordingly reverse the judgment of the trial court.
Comments on McIntyre v. Heart N Soul Tax Services