Schomer

Schomer v. Smidt

Bad Law
113 Cal. App. 3d 828·170 Cal. Rptr. 662·1980 Cal. App. LEXIS 2592
Court of Appeal of CaliforniaDecember 22, 1980Civ. 22190California2,403 words

Opinion

Opinion

Kilgarif, J.

Cathleen Schomer filed a complaint on several grounds of intentional tort, including trespass, invasion of privacy, bat tery, intentional infliction of emotional stress, and slander. The principal action was for slander. The jury returned verdicts for $20,000 general damages and $16,000 punitive damages. The thrust of Schomer’s slander action was that Douglas Smidt uttered false and defamatory comments to her fellow employees which caused others to infer that Schomer was a lesbian. A codefendant, Conn Thrasher, upon motion at close of plaintiffs case, had judgment entered in his favor. The statute of limitations had barred action against him.

On April 29, 1976, appellant, respondent and other members of an airline flight crew No. 217 ended their workday with an overnight layover in Long Beach, California. They were to spend the night at the Edgewater Hotel in Long Beach where the incidents which precipitated the lawsuit occurred. Appellant asked respondent on several occasions during the day to socialize with him that evening. On each occasion, respondent declined and indicated she wished to spend the evening in her room. Smidt repeated his request in the limousine ride…

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