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Phillips v. Smalley Maintenance Services

435 So. 2d 705 (1983)

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Phillips v. Smalley Maintenance Services

Alabama Supreme Court
435 So. 2d 705 (1983)

MJ

Facts

Brenda Phillips (plaintiff) worked for Smalley Maintenance Services, Inc. (SMS) (defendant) as a cleaner. Ray Smalley (defendant) was the president and owner of SMS. Within weeks of starting to work for SMS, Smalley began regularly calling Phillips into his office and asking her questions that were sexual in nature. The conversations escalated, and Smalley began asking Phillips to perform sexual acts. Eventually, Smalley began threatening to terminate Phillips if she did not engage in sexual acts with him. On one occasion, Phillips refused, and Smalley hit her bottom with his hand. Smalley’s actions overwhelmed Phillips, who left work early one day as a result of another of his actions. Smalley then disallowed Phillips back to work and claimed that she was laid off. Phillips sued SMS and Smalley for, among other things, invasion of privacy by intrusion upon seclusion. The case went to a jury trial, and the jury awarded Phillips damages on her invasion-of-privacy claim. SMS and Smalley appealed.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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