Martin v. Bd. of Inst. of Higher Learning of Miss.
| Docket Number: | 2007-CA-00280-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 09-30-2008 Opinion Author: Griffis, J. Holding: Reversed and Rendered and Jury Verdict Reinstated |
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| Additional Case Information: |
Topic: Contract - Termination of employee - Just cause - M.R.C.P. 50(c) Judge(s) Concurring: King C.J., Lee, P.J., Irving, Barnes, Ishee, Roberts, and Carlton, JJ. Non Participating Judge(s): Chandler, J. Dissenting Author : Myers, P.J., without separate written opinion. Procedural History: Jury Trial Nature of the Case: CIVIL - CONTRACT |
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| Trial Court: |
Date of Trial Judgment: 01-22-2007 Appealed from: OKTIBBEHA COUNTY CIRCUIT COURT Judge: James T. Kitchens, Jr. Disposition: MOTION FOR JNOV GRANTED, JURY VERDICT IN FAVOR OF PLAINTIFF SET ASIDE Case Number: 2003-0479-CV |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | GREGORY S. MARTIN |
JIM WAIDE,
LUTHER C. FISHER |
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| Appellee: | BOARD OF INSTITUTIONS OF HIGHER LEARNING OF THE STATE OF MISSISSIPPI | JAMES T. METZ, ALAN M. PURDIE, JOSH D. FREEMAN | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Contract - Termination of employee - Just cause - M.R.C.P. 50(c) |
| Summary of the Facts: | Gregory Martin filed suit against the Board of Institutions of Higher Learning of the State of Mississippi for wrongful termination of an employment contract. The jury returned a verdict in favor of Martin in the amount of $10,000. IHL filed a post-trial motion for a judgment notwithstanding the verdict and a motion for a new trial or remittitur. The trial court granted the motion for a JNOV and set aside the jury verdict. Martin appeals. |
| Summary of Opinion Analysis: | IHL argues that it had just cause to terminate Martin under MSU’s “Guidelines for Employee Conduct” which defined inappropriate employee conduct. Under an employment contract, an employer may discharge an employee (even one hired for a definite term) without incurring liability if just cause exists for terminating the employment contract. Martin’s testimony supported the verdict. IHL claimed that Martin violated MSU’s policy when Martin had an argument and altercation at a golf course with a former player that Martin, who was MSU’s men’s intercollegiate golf coach, had removed from the team. Martin claimed that he merely pushed the former player away in self-defense because Martin believed he was going to attack Martin. While three other witnesses testified that Martin intentionally hit the former player, the question of whether MSU had just cause to fire Martin was presented to the jury. The jury determined that MSU did not have just cause. It was certainly within the jury’s providence to rely upon Martin’s testimony and to reject the testimony of the other witnesses. Therefore, the trial judge erred when he granted IHL’s motion for a JNOV. The circuit court also had before it a motion for remittitur or, in the alternative, a motion for a new trial. M.R.C.P. 50© allows a trial court to grant a motion for a JNOV and make a conditional ruling to grant a motion for a new trial in preparation for the possibility of the JNOV being overturned on appeal. Because the circuit court did not take advantage of this procedure, the decision is reversed and rendered and the jury’s verdict of $10,000 in favor of Martin is reinstated. |
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