Helpin v. Trustees of the University of Pennsylvania

10 A.3d 267, 608 Pa. 45, 31 I.E.R. Cas. (BNA) 1237, 2010 Pa. LEXIS 2911
CourtSupreme Court of Pennsylvania
DecidedDecember 21, 2010
Docket36, 37, 48, and 49 EAP 2009
StatusPublished
Cited by69 cases

This text of 10 A.3d 267 (Helpin v. Trustees of the University of Pennsylvania) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Helpin v. Trustees of the University of Pennsylvania, 10 A.3d 267, 608 Pa. 45, 31 I.E.R. Cas. (BNA) 1237, 2010 Pa. LEXIS 2911 (Pa. 2010).

Opinions

[48]*48 OPINION

Justice McCAFFERY.

This case originated as an employment dispute sounding in, inter alia, breach of contract. The issue before this Court is whether a damages award for lost future income derived from business profits should be discounted to present value.

The relevant facts are as follows. Mark L. Helpin, D.M.D., (“Dr. Helpin”) accepted a position in 1989 at the School of Dental Medicine at the University of Pennsylvania, with primary responsibilities as the Director of Pediatric Dentistry at the Children’s Hospital of Philadelphia (“CHOP”). In an offer letter to Dr. Helpin dated September 1, 1989, then-Dean Raymond J. Fonseca, D.M.D., informed Dr. Helpin that his base salary for the 1989-90 academic year would be $60,000. In addition, this base salary was to be supplemented with bonuses and salary increments, which the offer letter set forth as follows:

In the future, patient care activities at CHOP will offer you the opportunity for bonuses and salary increments, with 50% of CHOP Dental’s net operations available to you for such increases. I envision that a large portion of your future salary will, in fact, be derived from the net operations and success you will have at CHOP. I assure you this financial and salary/bonus arrangement will continue even if you no longer serve as Director or Chairman.

Letter to Dr. Helpin from Dean Fonseca, dated 9/1/89 (Plaintiffs Exhibit P-1).

In 1996, Dr. Helpin was promoted to associate professor, in which capacity he could be terminated only for “just cause” or in the event that he was not able to generate sufficient income to offset his salary and expenses, pursuant to the policies of the University of Pennsylvania (“Penn”). Dr. Helpin remained at CHOP until December 2003, each year having available 50% of the profits from the CHOP dental clinic to use for any purpose he wished, including paying himself or reinvesting in the clinic. In December 2003, Marjorie Jeff-coat, D.M.D., the then-new dean of the School of Dental [49]*49Medicine, transferred Dr. Helpin from CHOP to Penn’s dental clinic in Bryn Mawr. In September 2004, Dr. Helpin gave notice of his intention to resign from Penn at the end of the year, citing intolerable working conditions and a reduction in his salary, which was no longer linked to the CHOP dental clinic profits.

In 2005, Dr. Helpin brought an action in, inter alia, breach of contract against the Trustees of the University of Pennsylvania, and tortious interference with prospective economic relationship against Penn; Dean Jeffcoat; Thomas Freitag, the Associate Dean for Finance of the School of Dental Medicine at the University of Pennsylvania; and Lawrence M. Levin, the Chief of the Division of Oral and Maxillofacial Surgery at the University of Pennsylvania Health System. A jury heard testimony over a period of three weeks in June 2007.

At the end of Dr. Helpin’s case, the trial court granted the defendants’ motion for a nonsuit on the claim of tortious interference with prospective economic relationship, thereby dismissing Drs. Jeffcoat, Freitag, and Levin from the action. However, the jury returned a verdict in favor of Dr. Helpin on the breach of contract claims and awarded him $4.04 million in damages. The jury found that Penn had constructively discharged Dr. Helpin without “just cause,” and had improperly failed to continue to pay him 50% of the profits from the CHOP dental clinic. Penn filed a post-trial motion seeking judgment notwithstanding the verdict or a new trial, and Dr. Helpin filed a “conditional motion for post-trial relief and to award interest.” The trial court denied all post-trial motions and entered judgment on the jury’s verdict on December 10, 2007.

The Superior Court affirmed. Helpin v. Trustees of the University of Pennsylvania, 969 A.2d 601 (Pa.Super.2009). Penn then filed a petition for allowance of appeal to this Court, seeking a new trial with respect to damages only. Dr. Helpin filed a “conditional cross-petition for allowance of appeal” to this Court, seeking review only if this Court [50]*50granted Penn’s petition. Both petitions were granted, limited respectively to the following questions:

Should damages for future income that would have been calculated as part of a business’s profits be discounted to present value?

Helpin v. Trustees of the University of Pennsylvania, 603 Pa. 60, 981 A.2d 1280 (2009).

Did the trial court properly grant a nonsuit on [Dr. Helpin’s] claim for tortious interference with prospective economic relations?

Helpin v. Trustees of the University of Pennsylvania, 603 Pa. 398, 984 A.2d 478 (2009).

We begin with Penn’s appeal, which presents a question of law as to the calculation of damages for lost future income that would have been derived from a specified percentage of the profits of a business. Because this is a question of law, our standard of review is de novo and our scope is plenary. In re Novosielski, 992 A.2d 89, 99 (Pa.2010). The legal background and principles relevant to the issue before us are as follows.

Where one party to a contract without any legal justification, breaches the contract, the other party is entitled to recover, unless the contract provided otherwise, whatever damages he suffered, provided (1) they were such as would naturally and ordinarily result from the breach, or (2) they were reasonably foreseeable and within the contemplation of the parties at the time they made the contract, and (3) they can be proved with reasonable certainty.

Ferrer v. Trustees of the University of Pennsylvania, 573 Pa. 310, 825 A.2d 591, 610 (2002).

The purpose of a damage award is to place the non-breaching party “as nearly as possible in the same position [it] would have occupied had there been no breach.” Lambert v. Durallium Products Corporation, 364 Pa. 284, 72 A.2d 66, 67 (1950).

[51]*51The measure of damages for breach of contract is compensation for the loss sustained. The aggrieved party can recover nothing more than will compensate him.

Id. (emphasis in original).

Loss of future earnings, if proven, is properly included in a damage award. See, e.g., Robertson v. Atlantic Richfield Petroleum Products Company, 371 Pa.Super. 49, 537 A.2d 814, 823 (1987) (in a breach of employment contract case, declining to grant remittitur with respect to the jury’s award of damages for lost future earnings); see also Kaczkowski v. Bolubasz, 491 Pa. 561, 421 A.2d 1027, 1029-30 (1980) (in a wrongful death/survival action, discussing the calculation of damages for lost future earnings). Obviously, future earnings cannot be calculated with mathematical precision and exactness. Jones & Laughlin Steel Corporation v. Pfeifer,

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Bluebook (online)
10 A.3d 267, 608 Pa. 45, 31 I.E.R. Cas. (BNA) 1237, 2010 Pa. LEXIS 2911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/helpin-v-trustees-of-the-university-of-pennsylvania-pa-2010.