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Verdicts & Settlements: Intentional Torts

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Invasion of privacy in employee changing area

July 11, 2019

Doe, 19, worked as a server at the Tilted Kilt Pub. She was required to change into her uniform in the restaurant’s locker room as part of her work duties. She learned that restaurant manager, Dustin Lindgren, had taped her and other servers by hiding his cellphone in his jacket, which was left hanging in the locker room while the servers were changing. Doe suffered emotional distress and humiliation as a result of her experience.

She sued the franchisee, alleging invasion of privacy; intentional infliction of emotional distress; and negligent hiring, supervision, and retention. The plaintiff—who also named Lindgren in the suit—argued that although another server had told a manager that she suspected Lindgren was violating servers’ privacy, nothing was done about it.

The plaintiff obtained a default judgment against the defendants on liability, and the case went to trial on damages. The jury awarded $1.47 million.

Citation: Doe v. Roe Franchisee, No. CI 14-2824 (Neb. Dist. Ct. Lancaster Cnty. Apr. 1, 2019).

Plaintiff counsel: Tara Paulson and Alyssa Martin, both of Lincoln, Neb.