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Ozer v. Borquez

Colorado Supreme Court

940 P.2d 371 (1997)

Facts

Robert Ozer was the president of the firm Ozer & Mullen, P.C. (the firm) (defendants). Robert Borquez (plaintiff) was an associate attorney for the firm. When Borquez learned that his partner had been diagnosed with acquired-immunodeficiency syndrome, Borquez informed Ozer and asked him to keep the information confidential. Ozer told his wife, who supervised two of the firm’s offices, and Ozer’s wife told an attorney at one of the offices. Ozer also told the firm’s office manager and two secretaries. Borquez got upset when he learned the entire firm knew about his personal situation. Borquez was fired a week later. Borquez sued Ozer and the firm for wrongful discharge and invasion of privacy. The court instructed the jury with respect to Borquez’s invasion-of-privacy claim that a statement is “published” when it is communicated to and understood by someone other than the plaintiff. The jury returned a verdict for Borquez. Ozer and the firm appealed.

Rule of Law

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Issue

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Holding and Reasoning (Vollack, C.J.)

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The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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