Preview:

****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** SANDRA APPLETON v. BOARD OF EDUCATION OF THE TOWN OF STONINGTON ET AL. (SC 16137)
McDonald, C. J., and Borden, Katz, Palmer and Vertefeuille, Js. Argued April 27--officially released August 15, 2000 Counsel

Michael C. Deakin, for the appellants (defendants). Gilbert Shasha, with whom, on the brief, was Juri E. Taalman, for the appellee (plaintiff).
Opinion

VERTEFEUILLE, J. The issue in this certified appeal is whether the Appellate Court properly concluded that the defendants were not entitled to summary judgment on the plaintiff's claims for (1) intentional infliction of emotional distress, and (2) tortious interference with contractual relations. Following our grant of certification; Appleton v. Board of Education, 249 Conn. 927, 733 A.2d 847 (1999); the defendants, the board of education of the town of Stonington (board), Cherri Rifenburg, the principal of Deans Mill School in Stonington, and Anthony Vacca, assistant principal of Deans Mill School, appealed from the Appellate Court's judgment

reversing the trial court's rendering of summary judgment for the defendants on the second and third counts of the plaintiff's complaint. Appleton v. Board of Education, 53 Conn. App. 252, 730 A.2d 88 (1999). We reverse in part the judgment of the Appellate Court. The Appellate Court's opinion provides the following undisputed facts. ``The plaintiff was a tenured teacher who had a contract with the board that began in 1963. Beginning in September, 1995, Rifenburg voiced her displeasure with the plaintiff because she believed that the plaintiff failed to monitor a student properly concerning attendance at an after school program. The particular incident involved a situation in which one of the plaintiff's students boarded a school bus for home when he was supposed to be attending the after school program. The student's parents, who were not at home at the time, registered a complaint with the school. ``Subsequently, the plaintiff's competency as a teacher was questioned by the defendants. On September 15, 1995, Rifenburg and a school psychologist met with the plaintiff in her classroom following a report by another teacher that the plaintiff was acting in a strange manner. During this period, Vacca and Rifenburg expressed concern about the plaintiff's health. ``On September 18, 1995, Rifenburg informed the plaintiff that she would be placed on a paid leave of absence. Subsequently, a series of discussions and negotiations arose between the interim superintendent of schools, the board's attorney, counsel for the Connecticut Education Association . . . the president of the Stonington Education Association, the plaintiff's union representative and the plaintiff. The plaintiff submitted to two psychological evaluations at the defendants' request. The evaluations indicated that the plaintiff was capable of returning to work. As a result of the negotiations, a memorandum of agreement was drafted and signed by the parties. As part of the agreement, the plaintiff agreed to sign a letter of resignation. On February 5, 1996, the plaintiff submitted a signed letter of resignation to the interim superintendent of schools, which was to be effective in June, 1996, the close of the school year. The plaintiff was allowed to return to work as a curriculum assistant until her resignation was effective.'' Appleton v. Board of Education, supra, 53 Conn. App. 255

Download Appleton v. Board of Education.pdf

Connecticut Law