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Robblee v. Budd Services3/7/2000
Appeal by plaintiff from order entered 18 November 1998 by Judge Ronald L. Stephens in Durham County Superior Court. Heard in the Court of Appeals 8 December 1999.
On 13 April 1994, Ladislav Antilak, a former employee of Sumitomo Electric Lightwave Corp. and Litespec, Inc., (hereinafter collectively referred to as "Sumitomo") returned to his former workplace with a firearm, killed two Sumitomo employees, and wounded others before ending his own life. Antilak had been employed at Sumitomo as a fiber optic cable inspector and had frequent difficulties with fellow employees, including Flora Jones and Juliette Shipley. These difficulties culminated in August 1993 with Antilak's indication that he was going to resign and a decision by Craig Stoke, a Sumitomo manager, to immediately accept the resignation.
Budd Services, Inc., ("Budd") provided security services for Sumitomo, including issuance and control of ID badges and electronic access cards. Budd was notified that Antilak was not to be allowed to enter the Sumitomo premises on 9 August 1993. On the morning of 9 August, Stoke was at the gate with a Budd guard when Antilak arrived. When Stoke told Antilak that his resignation was effective immediately, Antilak revved his engine and drove the car through the gate. Stoke, accompanied by sheriff's deputies, approached Antilak, demanded that he surrender his Sumitomo ID, and escorted Antilak out of the building.
Eight months later, on 13 April 1994, Antilak returned to the Sumitomo facility, and, using a temporary access card, entered the building where he had previously worked. He approached Flora Jones from behind and shot her in the back of the head, killing her instantly. Joan Shepherd, who was sitting across from Flora Jones, yelled to Juliette Shipley, who was in another room, to run. Both Joan Shepherd and Juliette Shipley ran through the building; Shipley hid in a large machine and heard the shots, but did not witness any of the shootings. Antilak continued through the building, shooting into the walls and ceilings, until he encountered Carmen Davis, whom he shot in the shoulder and back. Mike Brown, another employee , attempted to help Ms. Davis and was shot in the abdomen, hand, and neck. Antilak then went to the second floor, where he shot and killed John Robblee. Antilak then shot himself in the head and died. A working temporary access card to the building was found on his body.
Seven plaintiffs, including Juliette Shipley, filed suit against Sumitomo and Budd, alleging various claims arising out of the shooting incident. All of the plaintiffs' claims against Sumitomo were settled and dismissed with prejudice. In addition, all plaintiffs except Juliette Shipley voluntarily dismissed their claims against Budd. Budd's motion for summary judgment as to Juliette Shipley's remaining claim was allowed; she appeals.
Juliette Shipley seeks damages from Budd for emotional distress suffered by reason of Budd's negligence. Plaintiff Shipley alleges that Budd negligently performed its contractual duty to provide security at Sumitomo, and this negligence caused her to suffer severe emotional distress. The issue presented by her appeal is whether it was reasonably foreseeable that she would suffer emotional distress as a result of Budd's negligent failure to retrieve a temporary access card from Antilak and to otherwise prevent his entry into the Sumitomo plant. We hold that it was not and affirm the entry of summary judgment in favor of Budd.
Summary judgment is appropriate where "the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any mate
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