Durand v. SSA Terminals
A jury awarded plaintiff Steven L. Durand $905,000 in compensatory damages after finding that defendant SSA Terminals, L.L.C. (SSAT) had breached a contract not to terminate Durands employment except for good cause. SSAT appeals from the denial of its motion for judgment notwithstanding the verdict on the breach of contract claim and that portion of the judgment in favor of Durand on that claim. Durand cross-appeals from the judgment, seeking a new trial on the ground that the trial court erred in denying his motion to amend his complaint to add a cause of action for retaliation for taking a medical or disability leave.
We conclude that the trial court did not commit prejudicial error by denying Durands motion to amend the complaint to add a cause of action for retaliation for taking a medical or disability leave. However, we agree with SSAT that as a matter of law Durand was an at-will employee who could be terminated without cause, and any extrinsic evidence of an implied agreement to the contrary cannot be given legal effect. Therefore, SSAT is entitled to dismissal of Durands breach of contract claim, which was based upon an implied employment agreement providing for termination only for cause. Accordingly, Court reverse the order denying SSATs motion for judgment notwithstanding the verdict on the breach of contract claim and the portion of the judgment in favor of Durand on that claim. In all other respects, Court affirm the judgment.
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