Elsensohn v. Farrington Productions, Inc.

840 So. 2d 611, 2002 La.App. 4 Cir. 2017, 2003 La. App. LEXIS 373, 2003 WL 356297
CourtLouisiana Court of Appeal
DecidedFebruary 12, 2003
DocketNo. 2002-CA-2017
StatusPublished

This text of 840 So. 2d 611 (Elsensohn v. Farrington Productions, Inc.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elsensohn v. Farrington Productions, Inc., 840 So. 2d 611, 2002 La.App. 4 Cir. 2017, 2003 La. App. LEXIS 373, 2003 WL 356297 (La. Ct. App. 2003).

Opinion

I,WILLIAM H. BYRNES III, Chief Judge.

STATEMENT OF THE CASE

On 11 August 2000, Bruce Elsensohn sued Farrington Productions, Inc. and its local representative, Robert Beal, alleging breach of contract. Mr. Elsensohn contended that on or about 12 August 1999 he and Farmington entered into a written [612]*612employment contract for a term of one year commencing 28 October 1999 and ending 27 October 2000 providing for compensation of $1,000 per six-day week with an additional $100 per week for serving as a band leader.

Mr. Elsensohn contends that Mr. Beal libeled, slandered and defamed his reputation and tortiously interfered with Mr. El-sensohn’s contractual rights. Furthermore, Mr. Elsensohn claims that Mr. Beal interfered with his right to obtain other employment contracts by his defamatory actions. During the course of trial, counsel for Mr. Elsensohn stated that he made no claim for constructive discharge.

Farmington and Mr. Beal answered and reconvened, alleging Mr. Elsensohn breached the contract in question by having failed to perform, having provoked an altercation with Mr. Beal in the presence of witnesses and having declared that he | ¡.would no longer work for Farmington, thereby unilaterally terminating the contract in question. Farmington and Mr. Beal contend that this breach of contract was made with the intention of causing harm to Farmington and was, therefore, a bad faith breach of contract. Farmington claims damages for costs it suffered in having to obtain a replacement for Mr. Elsensohn and for attorneys’ fees incurred in this action. Farmington and Mr. Beal did not offer evidence at trial to support their counterclaim for damages and attorneys’ fees.

The case was tried to the trial court which, on 26 March 2002, rendered judgment in favor of Mr. Elsensohn in the amount of $24,200 on the breach of contract claim, and in favor of Farmington and Mr. Beal dismissing Mr. Elsensohn’s various defamation claims. From this judgment Farmington and Mr. Beal appeal. Mr. Elsensohn has not answered the appeal, from which we infer that he has abandoned his defamation claims.1

We reverse the judgment of the trial court insofar as it casts defendants/appellants for damages caused by alleged breach of contract.

| ¡¡STATEMENT OF FACTS

In its reasons for judgment the trial court found that Mr. Elsensohn entered into a one-year employment contract as a musician with Farmington, commencing 28 October 1999 and ending 27 October 2000 at the rate of $1000 per week with an additional $100 for leading the band.

The trial court found that working conditions were often difficult, causing Mr. Elsensohn’s and Mr. Beal’s working relationship to become strained. The trial judge did not find that this strain was [613]*613caused by the fault of either party to the contract or by Mr. Beal.

The court found that Farmington violated the employment contract when Mr. Beal discharged Mr. Elsensohn for misconduct, effective 23 June 2000.

The trial court found no substantial evidence to support Mr. Elsensohn’s defamation claims.

Mr. Elsensohn, a local pianist and piano tuner, testified that, in response to a print media advertisement, he auditioned to perform in a show Farmington produced to Harrah’s Casino. The show involved a mini-parade that included a float on which Mr. Elsensohn performed on keyboard. After having been accepted, he met with Farmington in Las Vegas, Nevada, to put the music for the show down on tracks, record the songs and confer with Farring-ton as to which songs would be chosen and how they would be recorded. The show was to be a daily mock Carnival parade, with a float, marching band, dancers and stilt walkers. |4 The parties stipulated to the contract as described by the trial court in its reasons for judgment.

Mr. Elsensohn testified that Mr. Beal was his immediate supervisor. Mr. Elsen-sohn’s duties included creation of a New Orleans music track, help in putting together instrumentalists and rehearsals of the musicians. Mr. Elsensohn was allowed to perform work that was not within the terms of the contract for other employers while at Harrah’s, and was additionally compensated for that work, which included tuning instruments, making repairs and otherwise performing outside of his work for Farrington.

According to Mr. Elsensohn, he felt that he was “getting engineered out” of his position at Harrah’s at about the same time that a new singer, Cory, was brought in. Subsequently, Mr. Elsensohn testified he was “kind of emasculated from doing anything that a music director did.” He testified that his recommendations concerning choices of band members were ignored, and he did not approve of the quality of the newly hired singer and saxophone player. Mr. Elsensohn also testified that Mr. Beal was complaining about things Mr. Elsensohn viewed as minor, such as attendance at staff meetings and riding on the float in the casino mini-parade.

Around 23 June 1999, Mr. Elsensohn testified he asked Mr. Beal if he needed a piano player, Mr. Beal stormed off and Mr. Elsensohn went to his car to call the supervisor, Joy Moráis, with whom he testified he had a “personal relationship” to tell her what was happening, but Ms. Moráis was on vacation. An |5unidentified person asked him why he wanted to talk to Ms. Moráis, but he refused to discuss the situation with anyone but her. When Mr. El-sensohn returned to do the show, Mr. Beal met him and said someone from the Far-rington office was on the phone and would like to talk to him. Mr. Elsensohn testified:

“Putting two and two together, I called the office. The office calls him, or he calls them. And at the same time, I called. And I know Joy’s not in town. I don’t want to take that call. I want to talk to you [plaintiff counsel], an attorney, or I want to talk to Moráis. I don’t want to sign anything, nothing.”
[[Image here]]
I told him I didn’t want to make the phone call. And then I don’t remember exactly how — the door was open. And I think the bathroom’s right past me. And I walked past it. And it was like, “Can you come in here a minute?” And I kind of looked in there for a minute. And I said, “Robert, I can’t, I can’t work [614]*614with you, man. We’re not communicating, you know.” And, you know, he’s like, you know, “Shut up, man.” He says, “I’m trying to give you three days’ administrative leave.” I said, “I really don’t want three days of administrative leave. I wanted to play. That’s all. And I want to wait and talk to Joy.” He says, “Well, you got three days. I need your pass.” I said, “You’re not gonna have any argument from me.”
It was just this little featherweight. And there was this copy machine. I put it down on the copy machine. This is a hollow desk; it made a noise too. I put a little, plastic badge down there. But it was a badge that hung around your neck, which the hanging part of it was mine. And I use it at the Jazz Fest, and I use it at other fests when I play with other known acts that I need a pass for. I even use it sometimes for piano tuning.

After having voluntarily surrendered his pass, one of the security guards came in to escort him from the property. Without that pass, he was unable to get into secure areas in the casino.

|fiMr. Beal testified that Mr.

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Bluebook (online)
840 So. 2d 611, 2002 La.App. 4 Cir. 2017, 2003 La. App. LEXIS 373, 2003 WL 356297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elsensohn-v-farrington-productions-inc-lactapp-2003.