Griesi v. Atlantic General Hospital Corp.

756 A.2d 548, 360 Md. 1, 16 I.E.R. Cas. (BNA) 943, 2000 Md. LEXIS 448
CourtCourt of Appeals of Maryland
DecidedJuly 25, 2000
Docket128, Sept. Term, 1999
StatusPublished
Cited by52 cases

This text of 756 A.2d 548 (Griesi v. Atlantic General Hospital Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Griesi v. Atlantic General Hospital Corp., 756 A.2d 548, 360 Md. 1, 16 I.E.R. Cas. (BNA) 943, 2000 Md. LEXIS 448 (Md. 2000).

Opinions

HARRELL, Judge.

Mr. James V. Griesi (“Griesi”), Appellant, filed suit in the Circuit Court for Worcester County against Atlantic General Hospital Corporation (“Atlantic General”), Appellee, alleging, among other things, that Atlantic General negligently misrepresented material facts during the course of pre-employment negotiations upon which Griesi relied to his ultimate detriment. Pursuant to Rule 2-3221 of the Maryland Rules of Civil Procedure, the Circuit Court granted Appellee’s motion to dismiss for failure to state a claim upon which relief can be granted. Griesi appealed to the Court of Special Appeals. Before that court considered his appeal, however, we granted certiorari (on our initiative)2 to consider the following question:

[4]*4Whether the trial court erred in its determination that Appellant’s Second Amended Complaint fails to state a legally cognizable claim of Negligent Misrepresentation upon which relief can be granted, pursuant to Maryland common law and the Maryland Rule 2-322(b)(2) standard of review?

We hold that Griesi’s second amended complaint alleges a cognizable claim under Maryland common law and reverse.

I.

Griesi filed suit in the Circuit Court for Worcester County on 13 November 1998. He filed a Second Amended Complaint on 5 March 1999 alleging breach of an employment contract (Count I)3 and negligent misrepresentation in employment negotiations (Count II). According to the allegations of the Second Amended Complaint4, Griesi, a resident of Montgomery County, is a trained physical therapist who, in August 1998, forwarded a cover letter and resume to Atlantic General, located in Berlin, Maryland, applying for a position as a physical therapist. On 1 September 1998, Griesi telephoned Atlantic General’s then Chief Executive Officer (CEO), Mr. Earl Slater, and scheduled an interview for 3 September 1998.

During the interview, Slater and Griesi spoke at length about Griesi’s credentials and Slater’s desire to train and mentor him. After receiving from Griesi a list of references, Slater took him on a tour of the hospital facilities.

[5]*5Griesi and Slater next spoke by telephone on 17 September 1998. Slater stated he expected to be able to make an offer of employment soon. He ended the conversation by telling Griesi, “I want you here!” On 21 September 1998 and again three days later, Griesi called to check on the status of the potential offer, but Slater advised he would have to call him back.

Apparently not having pinned all of his hopes at that time on Atlantic General, Griesi had explored the job market elsewhere. He received an employment offer on 24 September 1998 from an entity called MOST, located in Silver Spring, Maryland. Griesi immediately telephoned Slater to see if Atlantic General was prepared to make an offer. Slater responded that he would let him know no later than the next Monday, 28 September 1998.

Between 28 September and 2 October 1998, Griesi and Slater discussed, on several occasions, a proposed specific starting date and starting salary for a management position in Atlantic General’s Physical Therapy Department. Slater stated he would present the proposal to the Board of Directors of Atlantic General and get back to him.

On 5 October, Slater, on behalf of Atlantic General, called Griesi and communicated an oral offer of employment as a Physical Therapy Manager to start on 2 November 1998 at an annual salary of $55,000, plus benefits. Slater stated that the chairman of the Board approved the offer. Griesi responded he had offers from other potential employers5 and would need to think about the offer from Atlantic General. Slater advised that he would forward a written contract offer by the next week.

The next day, Griesi called Slater and orally accepted the 5 October oral offer of employment. On 10 October, he received the promised written offer from Atlantic General, in a letter [6]*6signed by Slater, on Atlantic General’s letterhead, and dated 7 October 1998. The letter explained, in pertinent part:

As we have discussed, I am pleased to offer you the position of Physical Therapy Manager at a salary of $55,000 per year effective November 2, 1998. In this full-time position, you will be responsible for all facets of departmental operation.
As you know, I have provided notice to the present contractor[6] in accordance with the ninety day provision in the contract. As a result of an exclusivity clause in the contract with the contractor, you will be unable to render patient care during November until December 23rd. For this reason, another full-time physical therapist will not join us until this period of exclusivity has expired. Once the period expires, both of you will commence clinical assessments for inpatients, outpatients, and patients on our Long Term Care Unit. In addition, I have shared with you the possibility of providing services to the neighboring nursing home in the future.
Please advise me of your decision in writing at your earliest convenience. I am confident that this opportunity will provide mutual growth opportunities for you and the Hospital.
Sincerely,
[signature of Slater]
Earl B. Slater, Jr.
Interim President/Chief Executive Officer

On 15 October, Griesi responded with an unconditional written acceptance in a letter to Slater.7

[7]*7On 20 October 1998, Ms. Kim Justice, a supervisor in the Physical Therapy Department at Atlantic General, telephoned Griesi. She wanted to meet him because the only documentation on him she had were copies of his resume and his 15 October acceptance letter. The next day, Ms. Joan Kindell, Vice President of Human Resources at Atlantic General, telephoned Griesi requesting to join the meeting with Justice. Kindell suggested the three meet on 2 November 1998, the date of Griesi’s expected first day of work at Atlantic General. Ostensibly alarmed from these calls about potential delay in starting his employment, Griesi telephoned Mr. Barry Bee-man, Atlantic General’s new CEO, that same day, but Beeman was unavailable to take the call. Instead, Griesi reached Slater8, who said he was upset with the way the matter was being handled and assured Griesi that the corporation’s Board of Directors approved the offer of employment. Slater asked to be given some time to resolve any misunderstanding.

On 22 October, Slater called Griesi and explained that he spoke with Beeman who expressed concern that Griesi did not have a physical therapy license. Griesi faxed a copy of his license to Slater who said he would forward it to Beeman. On 24 October 1998, Slater telephoned Griesi to say that he had spoken with Beeman again and with the chairman of the Board, and he did not foresee any more confusion between Griesi and Atlantic General. Slater stated that the starting date of Griesi’s employment remained valid.

Two days later, Griesi and Beeman discussed the licensing process. Griesi stated he was prepared to begin work on 2 November. Beeman asked if he had scheduled an appointment with Ms. Justice.

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756 A.2d 548, 360 Md. 1, 16 I.E.R. Cas. (BNA) 943, 2000 Md. LEXIS 448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griesi-v-atlantic-general-hospital-corp-md-2000.