Leeper v. SCORPIO SUPPLY IV, LLC
2011 Mo. App. LEXIS 1141
| Mo. Ct. App. | 2011Background
- Plaintiffs Leeper and Woods alleged MHRA claims for sexual harassment creating a hostile work environment against Briscoe, Entrikin, and the NAPA stores.
- Entrikin, a supervisor, harassed both plaintiffs; Leeper faced long-term touching and explicit conduct; Woods faced repeated advances and stalking-type conduct.
- There was no workplace harassment policy or training at the stores prior to the incidents; employees lacked reporting procedures.
- Briscoe, as sole managing member, directly controlled store operations and the implementation of any harassment policy.
- Briscoe conducted a cursory investigation of the complaints and took little to no remedial action; plaintiffs’ hours were reduced and they were ultimately compelled to quit.
- The trial court instructed verdicts and jury questions on vicarious liability, duties to prevent harassment, and punitive damages, and Briscoe appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Briscoe can be vicariously liable for Entrikin's harassment | MHRA vicarious liability via supervisor act. | MHRA does not impose individual liability on Briscoe. | Yes; Briscoe is individually liable as employer. |
| Whether the jury instructions appropriately stated Briscoe's duty | Instructions permitted vicarious liability and prevention duties. | No improper duties; challenged as roving and not required to prove discrimination. | Instructions correctly stated a duty to prevent harassment; no reversible error. |
| Whether punitive damages were properly submitted against Briscoe | Evidence showed outrageous, reckless conduct by Briscoe. | Insufficient malice or reckless indifference. | Punitive damages properly submitted; evidence sufficient to submit. |
Key Cases Cited
- Hill v. Ford Motor Co., 277 S.W.3d 659 (Mo. banc 2009) (supervisor liability under MHRA and scope of employer definition)
- Pollock v. Wetterau Food Distribution Group, 11 S.W.3d 754 (Mo.App.1999) (regulations binding; employer liability standards for harassment)
- Cooper v. Albacore Holdings, Inc., 204 S.W.3d 238 (Mo.App.2006) (employer liability under MHRA; statutory interpretation)
- Hadley v. Burton, 265 S.W.3d 361 (Mo.App.2008) (standard for reviewing directed verdicts and JNOV)
- Alhalabi v. Missouri Dept. of Natural Resources, 300 S.W.3d 518 (Mo.App.2009) (punitive-damages standard for MHRA; submission viability)