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Borquez v. Robert C. Ozer, P.C.

923 P.2d 166 (1995)

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Borquez v. Robert C. Ozer, P.C.

Colorado Court of Appeals
923 P.2d 166 (1995)

  • Written by Robert Cane, JD
Borquez v. Robert C. Ozer, P.C.

Facts

Robert Borquez (plaintiff) worked as an attorney for Robert Ozer (defendant) at Robert C. Ozer, PC (Ozer firm) (defendant). Borquez was gay. He kept this detail secret. At some point, Borquez’s partner was diagnosed with AIDS. When Borquez learned this fact on February 19, 1992, he was so upset that he was unable to continue working that day. Because Borquez needed someone to cover a scheduled deposition, he informed Ozer that he was gay, his partner had been diagnosed with AIDS, he needed to be tested immediately, and he was unable perform his duties related to the deposition. Ozer did not reply when Borquez requested that Ozer keep the information confidential. Ozer did not keep the information confidential. Ozer first told his wife, who was a shareholder in the firm. Within a couple of days, all employees and shareholders of the firm knew about Borquez’s circumstances. Borquez was fired shortly after. Borquez sued the Ozer firm and Ozer individually for wrongful discharge and invasion of privacy for public disclosure of private facts. A jury rendered a verdict in favor of Borquez on the invasion-of-privacy claim. Ozer and the Ozer firm appealed.

Rule of Law

Issue

Holding and Reasoning (Taubman, J.)

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