Churchey v. Adolph Coors Co.

759 P.2d 1336 (1988)

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Churchey v. Adolph Coors Co.

Colorado Supreme Court
759 P.2d 1336 (1988)

Facts

Diana K. Churchey (plaintiff) was employed by Adolph Coors Company (Coors) (defendant). Churchey visited a company nurse who diagnosed her with conjunctivitis and instructed Churchey to return to work the next day. The condition worsened overnight, and the following day Churchey visited her own doctors, who diagnosed her with maxillary sinusitis and instructed her to stay out of work for five days. Churchey called her supervisor to explain the diagnosis but did not mention that the company nurse had previously told her to return to work. The supervisor told Churchey to return to the company doctor, who evaluated Churchey and determined that she could return to work immediately. However, the company doctor mistakenly handed Churchey a document stating that she should not return to work for several more days, and Churchey stayed home. Coors terminated Churchey’s employment for unexcused absence and dishonesty. Churchey sued Coors for defamation, among other claims, on the grounds that she had not been dishonest and was compelled to repeat the reason for her discharge to prospective employers. The trial court granted summary judgment for Coors, and the court of appeals affirmed.

Rule of Law

Issue

Holding and Reasoning (Mullarkey, J.)

Dissent (Erickson, J.)

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