(DOWNLOAD) "Brown v. United Methodist Homes for the Aged" by Supreme Court of Kansas * Book PDF Kindle ePub Free
eBook details
- Title: Brown v. United Methodist Homes for the Aged
- Author : Supreme Court of Kansas
- Release Date : January 12, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
The opinion of the court was delivered by This is an action challenging the termination of plaintiff
Richard Virgil Brown's employment with defendant United Methodist
Homes for the Aged (UMH). The plaintiff alleged breach of his
contract of employment and retaliatory discharge for filing a
workers compensation claim and that defendant provided false
information to the Kansas Department of Human Resources, Division
of Employment Security (KDHR), so as to deny plaintiff
unemployment compensation benefits. The jury rejected the latter
two claims but found for plaintiff on the theory of breach of
contract and awarded $35,000 in damages. Defendant appeals the
verdict and the denial of judgment for defendant as a matter of
law on plaintiff's breach of contract claim. The plaintiff
cross-appeals, challenging the district court's instruction
regarding retaliatory discharge and the court's refusal to
instruct the jury about mental anguish as an element of damages. We first consider UMH's direct appeal. UMH contends that the
district court erred in not finding as a matter of law that Brown
stated no cause of action for his discharge. Thus, the district
court should have granted UMH's motion for summary judgment,
should have directed a verdict at the close of both the
plaintiff's evidence and all the evidence, and should have
granted UMH's motion for judgment notwithstanding the verdict
filed after trial was completed. UMH also contends that
substantial competent evidence does not support the verdict that
an employment contract existed and was breached. The basic
question to be decided is whether an implied contract of
employment existed between Brown and UMH.