REAVIS V. SLOMINSKI 551 N.W.2d 528 (1996) CASE BRIEF

REAVIS V. SLOMINSKI

551 N.W.2d 528 (1996)

NATURE OF THE CASE: Reavis (P) and Slominski (D) appealed an order that denied D's motion for a directed verdict, denied both parties' proposed jury instructions, and entered judgment in favor P in P's action alleging sexual assault.

FACTS: P first worked for D at his dental clinic from 1969 to 1975 as a chair-side assistant, and there were many occasions during the early 1970's when D fondled her. She did ask D to stop touching her, but she needed the work. By 1973, they began to engage in sexual intercourse. Although P said no, she claims she felt that she had no choice but to engage in relations. P admitted that D never physically forced her to have sex with him. P testified that she could not quit her job because she needed the money to support her family. P admitted that there were times when she was able to successfully refuse D's advances. In the summer of 1988, P was unemployed and P offered her a job. P said that before she would accept the position, D had to promise to leave her alone. P testified that D did not try to engage in sexual intercourse with her from 1988 until December 31, 1991. D did touch her several times during that time period. P did not quit because her family needed the money. On December 31, 1991, the employees of the dental clinic had an office party. After the party was over and P and D were the only ones present, D came into the lab and began kissing P. P refused his advances. P then said, ''Oh, hell,'' and then walked down the hall toward D's office and 'threw [her] sweater off.' P testified that she felt there was nothing she could do because D would just laugh at her. P admonished D and said, ''You know you should not be doing this.'' P felt that if she did not comply, she would lose her job. She said that she numbed her mind and body during the sexual intercourse, but that the physical contact was hurting her 'very bad.' P and D were caught by another employee returning and P admitted the problems to other workers at another job and to her husband. On January 3, P attempted suicide by ingesting sleeping pills. P states that she has suffered damages due to her inability to work. Reavis alleges that she required hospitalization and counseling as a result of the emotional distress proximately caused by D's wrongful conduct. D denied P's allegations. D alleged that P encouraged and promoted a private meeting and that P initiated consensual sexual contact. When P began to disrobe, D assumed that she wanted sexual contact. D stated that his relationship with P during the early 1970's was an affair involving two consenting adults.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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