Tria l Reports: Reports on recent Indiana cases from the lawyers and judges involved.
Breach of employment contract/intentional tort
Name of Case: Bradley Scott Montgomery v. Danville Community School Corporation
Court Case Number: Hendricks Superior Court 4, No. 32D04-1211-CT-140
Injuries: $5,315.55 remained on contract; unspecified damage on intentional tort theories
Court Date: Feb. 23- 25, 2015
Trial Type: Jury trial
Judge: Mark A. Smith
Disposition: Defense verdict on all counts
Plaintiff Attorney: Jayson Marksberry
Defendant Attorney: John Mervilde
Insurance: Liberty Mutual
Case Information: The plaintiff was fired as girls’ basketball coach at Danville Community High School after only two games because of what the school district characterized as dishonesty and insubordination relating to the coach’s handling of a fundraising sale and his unauthorized suspension of an assistant coach. Plaintiff attributed the above issues to misunderstandings and sued the school district for breach of his employment contract. Plaintiff also claimed that he had been assaulted and falsely imprisoned during a meeting in the high school athletic director’s office. Other tort theories, including defamation, intentional infliction of emotional distress, and tortious interference with contract, were disposed via summary judgment. The plaintiff’s last demand before trial was $95,000. Defendant offered $5,315.55.
Submitting Attorney: John Mervilde