Conduct on Craigslist|Isn’t Employer’s Fault

(CN) - The employer of a man who allegedly posted Craigslist sex ads using a woman's name to embarrass her is not liable, a Texas appeals court ruled.

In her complaint against Chris Fournet and his employer, Motiva Enterprises LLC, Chris Davis claims that she was the victim of an "obscene cyber-strike campaign."

Davis alleged that Fournet used Motiva's facilities and technology to pose as Davis on Craigslist "as if she were soliciting sexual encounters with strangers."

Fournet had for years used Motiva's technology to trawl for sex on Craigslist, as well as "pornographic, swinger life or adult 'friend finder' websites," the complaint alleges.

Accusing Motiva of negligent supervision, Davis said the company knew that Fournet was "leaving and returning to the jobsite in order to conduct those sexual encounters."

A Jasper County judge dismissed the claims against Motiva, however, after finding that Fournet was provider of the information content at issue.

The Beaumont-based 9th District Texas Court of Appeals affirmed last week.

Writing for the court's three-person panel Thursday, Chief Justice Steve McKeithen said Davis failed to proved her allegations against Motiva.

"The petition does not contain facts alleging how Motiva received notice of Fournet's conduct against Davis," he wrote.

Davis's allegations against Motiva are "nothing more than conclusory statements that cannot support a reasonable inference that Motiva is liable as alleged," McKeithen added.

Fournet did not participate in the appeal.

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Email *

Submit