Clare R. Bruffett v. Warner Communications, Inc

692 F.2d 910, 1 Am. Disabilities Cas. (BNA) 392, 115 L.R.R.M. (BNA) 4117, 1982 U.S. App. LEXIS 24221, 30 Empl. Prac. Dec. (CCH) 33,151, 30 Fair Empl. Prac. Cas. (BNA) 306
CourtCourt of Appeals for the Third Circuit
DecidedNovember 8, 1982
Docket82-1200
StatusPublished
Cited by173 cases

This text of 692 F.2d 910 (Clare R. Bruffett v. Warner Communications, Inc) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Clare R. Bruffett v. Warner Communications, Inc, 692 F.2d 910, 1 Am. Disabilities Cas. (BNA) 392, 115 L.R.R.M. (BNA) 4117, 1982 U.S. App. LEXIS 24221, 30 Empl. Prac. Dec. (CCH) 33,151, 30 Fair Empl. Prac. Cas. (BNA) 306 (3d Cir. 1982).

Opinions

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellant Clare Bruffett seeks damages in this diversity action on a variety of tort and contract theories because his employer, the Franklin Mint Corporation (Franklin), a subsidiary of defendant Warner Communications, Inc., terminated his temporary employment and failed to offer him permanent employment. The district court dismissed the complaint. For the reasons which follow, we will affirm the judgment of the district court in all respects.

I.

According to the allegations of the complaint, which on review of a dismissal under Fed.R.Civ.P. 12(b)(6) must be taken as true, Bruffett responded in October 1978 to an advertisement placed in a Philadelphia newspaper by Franklin Mint inviting applications for employment as an advertising designer. Following an interview, Bruffett was hired for a two-week trial period in November 1978. By letter dated November 30, Bruffett was offered permanent employment contingent on “the successful completion of both [Franklin’s] medical and security examinations.” Following the initial medical examination conducted on the Franklin Mint premises, Bruffett was requested to undergo additional medical tests by outside physicians. The complaint alleges that these examinations were “successfully completed”, but that notwithstanding this fact “Franklin unreasonably and without cause took the position that Plaintiff had not successfully completed the medical examination and so informed Plaintiff orally on or about January 12, 1979.” Pending consideration of Bruffett’s request that he be given permanent employment in exchange for “a waiver and release from Franklin’s medical insurance coverage for any matters disclosed in the medical examinations”, Bruffett was continued on a “full-time free lance” basis. On or about April 16, 1979, “Franklin unreasonably and without cause refused to employ Plaintiff in full-time permanent status in the position which Franklin had offered employment and ordered him to leave the premises by May 11, 1979.”

The complaint asserted four causes of action: Count I asserted breach of contract to hire Bruffett as a permanent employee as offered in the letter of November 30, 1978. Count II asserted intentional infliction of emotional distress, in that Franklin Mint “through its agents and employees did require Plaintiff to undergo serious medical examination procedures, including without limitation a kidney x-ray and a kidney biopsy, to which Plaintiff rightfully refused to submit” and “communicated to Plaintiff a risk of future, serious kidney failure which [912]*912was not justified in view of the results of the medical examination which Plaintiff did undergo.” Count III alleged the discharge violated the “clear mandate of public policy set forth in the Pennsylvania Human Relations Act and the Federal Rehabilitation Act of 1978,” which prohibit discrimination in employment on the basis of handicap or disability. Count IV alleged “termination of Plaintiffs employment in full-time, free lance status and the refusal to hire Plaintiff in full-time permanent status” without cause or justification, and in violation of “the implied contractual covenant of good faith and fair dealing.”

Defendant Warner moved for summary judgment on the ground that each count of the complaint was barred by this court’s opinion in Bonham v. Dresser Industries, Inc., 569 F.2d 187 (3d Cir.1977), cert. denied, 439 U.S. 821, 99 S.Ct. 87, 58 L.Ed.2d 113 (1978), “otherwise fails to state a claim upon which relief can be granted, or is barred by the applicable statute of limitations.” Warner attached the affidavit of Dr. Marvin.L. Lewbart, a staff physician at Franklin Mint, who stated, inter alia, that “Mr. Bruffett was rejected on medical grounds, based on the totality of the evidence available, because of my professional opinion of the significant probability of major future medical complications associated with Mr. Bruffett’s heavy proteinuria.”

In opposition to Warner’s motion for summary judgment, Bruffett filed an affidavit stating, inter alia, that he has “had diabetes since approximately 1950 which has been under control continuously since that date by use of insulin and diet measures; ” that this diabetic condition “has not affected [his] ability to perform as an advertising designer, and during the period of [his] employment by Franklin Mint Corporation [his] performance as an advertising designer was not affected by [his] diabetic condition; ” that “[a]s a result of the failure of Franklin Mint Corporation to honor its obligation to employ [him], [he has] suffered damages ... consisting of lost wages and benefits since May 11, 1979; ” and, finally, that as a result of Franklin Mint’s wrongful conduct, he has suffered damages including “loss of sleep, hypertension, and other pain and suffering,” which symptoms first manifested themselves after December 16, 1979. Bruffett also moved pursuant to Fed.R.Civ.P. 56(e)-(f) to permit the Lewbart affidavit to be further opposed by defendant’s forthcoming answers to interrogatories and by granting plaintiff the opportunity to take Lewbart’s deposition.

The district court treated defendant’s motion for summary judgment as a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6) and granted the motion to dismiss the complaint. Bruffett v. Warner Communications, Inc., 534 F.Supp. 375 (E.D.Pa.1982). The court viewed Counts I and IV as stating essentially the same claim, and held that they failed to state a common law cause of action, relying on this court’s decision in Bonham v. Dresser Industries, Inc., supra. The court held that Count III, which alleged a violation of public policy, must also be dismissed since “to the extent that [it] is intended to state a claim for direct violation of a provision of the [Pennsylvania Human Relations] Act, it is barred because of plaintiff’s failure to file a complaint with the Pennsylvania Human Relations Commission within 90 days of the discriminatory act as required by the statute,” and to the extent that it attempted to state a separate claim for relief, it must be dismissed for the same reasons as Counts I and IV. Finally, the court held that Count II which alleged intentional infliction of emotional distress was time-barred. In light of the fact that it had treated the motion for summary judgment as a motion to dismiss and had consequently not relied on the Lewbart affidavit, the court denied as moot Bruffett’s motion for further discovery.

II.

A.

We consider ..first plaintiff’s contention. that the court erred in dismissing his claim f.or,common4aw4)reaeh~of--ex-press -contracts Plaintiff argues that because he properly alleged a written offer of employment, ful[913]*913fillment of all conditions precedent therein and breach by the employer, this claim should not have been dismissed for failure to state a claim. The complaint, however, expressly pleads that the offer of employment, upon which the alleged contract was based, was contingent on the “successful completion of both [Franklin’s] medical and security examinations”, App.

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Bluebook (online)
692 F.2d 910, 1 Am. Disabilities Cas. (BNA) 392, 115 L.R.R.M. (BNA) 4117, 1982 U.S. App. LEXIS 24221, 30 Empl. Prac. Dec. (CCH) 33,151, 30 Fair Empl. Prac. Cas. (BNA) 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clare-r-bruffett-v-warner-communications-inc-ca3-1982.