185 A.3d 1242
R.I.2018Background
- Russell G. Gross, a Providence Fire Department communications lieutenant, was berated by Director William Trinque on March 13, 2015; Trinque reported the incident to Public Safety Commissioner Steven Pare.
- Pare transferred Gross to the division of training for four weeks (effective March 29, 2015); Gross later became ill (head pain, high blood pressure) and while absent was demoted from lieutenant to firefighter effective July 5, 2015.
- Gross filed grievances under the collective bargaining agreement; arbitration produced a monetary settlement.
- Gross sued the city alleging intentional infliction of emotional distress (IIED), negligent infliction of emotional distress (NIED), invasion of privacy (false light under R.I. § 9-1-28.1(a)(4)), and loss of consortium (later dismissed).
- The Superior Court treated the city’s Rule 12(b)(6) motion as a motion for summary judgment, found no genuine issues of material fact, and granted judgment for defendants; Gross appealed.
- The Rhode Island Supreme Court affirmed summary judgment on all counts, concluding the workplace dispute did not amount to extreme/outrageous conduct, NIED theories did not apply, and no false or fictitious publication was alleged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Intentional infliction of emotional distress (IIED) | Gross argued transfer/demotion and berating amounted to extreme and outrageous conduct causing severe emotional distress. | City argued conduct was ordinary workplace discipline/criticism and not extreme or outrageous; no causal proof of severe distress. | Court: Grant for defendants — conduct not extreme/outrageous; no causal proof of severe, medically corroborated distress. |
| Negligent infliction of emotional distress (NIED) | Gross claimed emotional/physical illness resulted from defendants’ actions. | City argued NIED requires zone-of-danger or bystander relationship; here neither applies and allegations sound in intentional acts, not negligence. | Court: Grant for defendants — Gross did not fit zone-of-danger or bystander categories and alleged intentional acts, not negligence. |
| Invasion of privacy (false light under § 9-1-28.1(a)(4)) | Gross asserted city portrayed him as unfit for duty (false light). | City argued no publication of a false or fictitious fact; transfer/demotion were true and interoffice memoranda were not false. | Court: Grant for defendants — no allegation/evidence of false or fictitious publication; plaintiff admitted underlying events occurred. |
| Procedural: bench fact-finding / summary judgment standard | Gross contended the hearing justice impermissibly engaged in fact-finding and that material factual disputes existed. | City maintained the record (including submitted exhibits) permitted summary judgment and no genuine disputes of material fact existed. | Court: Grant for defendants — reviewed de novo and found no genuine material factual disputes; affirmed summary judgment. |
Key Cases Cited
- Swerdlick v. Koch, 721 A.2d 849 (R.I. 1998) (elements of IIED and requirement that conduct be extreme and outrageous)
- Champlin v. Washington Trust Co. of Westerly, 478 A.2d 985 (R.I. 1984) (IIED standards; discussion of outrageousness)
- Marchetti v. Parsons, 638 A.2d 1047 (R.I. 1994) (zone-of-danger and bystander tests for NIED)
- Jalowy v. Friendly Home, Inc., 818 A.2d 698 (R.I. 2003) (NIED limited to zone-of-danger or bystander categories)
- Sola v. Leighton, 45 A.3d 502 (R.I. 2012) (de novo review of summary judgment)
- Lynch v. Spirit Rent-A-Car, Inc., 965 A.2d 417 (R.I. 2009) (summary judgment standard)
- Sullo v. Greenberg, 68 A.3d 404 (R.I. 2013) (nonmoving party’s burden to show genuine issue of material fact)
- Plunkett v. State, 869 A.2d 1185 (R.I. 2005) (summary judgment standard components)
- Mutual Development Corp. v. Ward Fisher & Co., 47 A.3d 319 (R.I. 2012) (nonmoving party’s burden to produce competent evidence to defeat summary judgment)