Tad Brenden v. City of Billings
Montana Supreme Court
399 Mont. 352 (2020)
- Written by Sean Carroll, JD
Facts
Tad Brenden (plaintiff) worked for the City of Billings (city) (defendant). Brenden got into several disagreements with his supervisor Glancy. Brenden applied for a job at the Montana Rail Link (MRL). MRL contacted Glancy for a reference check, and Glancy gave a positive reference. MRL then hired Brenden. On the weekend between Brenden finishing his employment with the city and starting at MRL, Glancy submitted an anonymous complaint to MRL against Brenden, falsely stating that Brenden had stolen city property. MRL called Glancy as Brenden’s former supervisor to ask about the anonymous complaint. Glancy confirmed the false accusation, telling MRL that Brenden had indeed stolen city property. The next day, MRL fired Brenden. Brenden sued the city for tortious interference with business relations and other torts. Brenden claimed that the city was vicariously liable for Glancy’s conduct under the doctrine of respondeat superior. The city filed a motion for summary judgment on the ground that Glancy’s conduct was outside the scope of his employment. The trial court granted the motion. Brenden appealed.
Rule of Law
Issue
Holding and Reasoning (Sandefur, J.)
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