Nears v. Holiday Hospitality Franchising, Inc.

Nears (plaintiff) was a guest-services manager at a Holiday Inn hotel franchised by Holiday Hospitality Franchising (Holiday) (defendant). She alleged the hotel's interim general manager, Marshall, created a hostile, fear-driven workplace, and she was later fired without explanation. Nears sued Marshall for intentional infliction of emotional distress and sought to hold Holiday vicariously liable, arguing Holiday controlled Marshall through mandatory manager conferences and quarterly hotel inspections. The evidence showed Marshall never actually attended a Holiday conference, and Holiday had no financial control over the hotel, no hiring/firing authority, and paid no hotel employees. The trial court granted summary judgment for Holiday, and Nears appealed.