Estate of Harris v. Papa John's Pizza

STREIT, Justice.

The facts of this case are as tragic as they are bizarre. An employee of a pizza restaurant told management his supervisor had sex with a subordinate. When his supervisor found out, he punched the employee in the chest. The employee died from the blow, a so-called “chest shot.”

The employee’s estate sued the pizza company, alleging retaliation and negligent supervision. The retaliation claim was premised upon the theory the employee was punished for reporting a violation of the company’s sexual harassment policy. The district court dismissed both counts on summary judgment.

Becau…