Smith v. American Express Travel Related Services Co.

OPINION

TOCI, Presiding Judge.

Appellant Christine Smith sued American Express Travel Related Services Company (“TRS”) for sexual harassment based upon common law tort and contract principles. Smith appeals from the trial court’s grant of summary judgment and award of attorneys’ fees in favor of TRS.

We must decide under the standard adopted in Orme School v. Reeves, 166 Ariz. 301, 802 P.2d 1000 (1990), whether Smith presented evidence from which reasonable people could conclude either that: (1) Edwin Nally acted within the scope of his employment with TRS when he sexually harassed Smith, so…