Breach of employment contract/intentional tort

March 25, 2015

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