Lehman v. Central Dauphin School District

53 Pa. D. & C.4th 255, 2000 Pa. Dist. & Cnty. Dec. LEXIS 110
CourtPennsylvania Court of Common Pleas, Dauphin County
DecidedDecember 11, 2000
Docketno. 1434 S 1998
StatusPublished

This text of 53 Pa. D. & C.4th 255 (Lehman v. Central Dauphin School District) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Dauphin County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lehman v. Central Dauphin School District, 53 Pa. D. & C.4th 255, 2000 Pa. Dist. & Cnty. Dec. LEXIS 110 (Pa. Super. Ct. 2000).

Opinion

CHERRY, J.,

Presently before this court is defendant’s motion for post-trial relief, requesting a judgment n.o.v. Additionally, the plaintiffs have filed a motion to mold the verdict. The facts and procedural history of the case are as follows:

The plaintiff, Daniel Lehman, served for a number of years as the coordinator of transportation for Central Dauphin School District. On December 24, 1990, Mr. Lehman was injured in a motorcycle accident that was unrelated to his employment. Mr. Lehman continued experiencing medical problems resulting from the injuries sustained in the accident. In January of 1996, Mr. Lehman provided Central Dauphin with documentation from his doctors that he was unable to continue his employment with the school. He had also requested information regarding a sabbatical for restoration of health. On May 16,1996, Mr. Lehman submitted an application for a sabbatical leave of absence for restoration of health and indicated that he would use his accumulated sick and vacation days to meet the retum-to-work requirement. In August of 1996, Mr. Lehman received a letter from Michael Levin advising him that the board of school directors would not approve his request for sabbatical leave.

Plaintiffs commenced this action by filing a complaint on April 7, 1998, alleging claims both in contract and statutorily imposed conditions to Mr. Lehman’s employment contract under the Public School Code of 1949. The defendant filed an answer with new matter on April 22, 1998.

On May 15, 1998, defendant filed a motion for summary judgment raising the issues that the plaintiffs’ claim [258]*258was barred as a matter of law based upon the following: (1) the defendant’s entitlement to governmental immunity under 42 Pa.C.S. §8541, and (2) that the statute of limitations had run because this action was not filed within 30 days of the issuance of an administrative decision. A three-judge panel of this court heard argument on defendant’s motion. On September 3, 1998, Judge Hoover denied defendant’s motion via an order without opinion. On September 17, 1998, the defendant filed a motion for reconsideration of Judge Hoover’s order, or that, in the alternative, the order be amended to certify it for interlocutory appeal. Both requests were denied by an order dated October 15, 1998. On October 22, 1998, defendant filed a petition for review in the Commonwealth Court regarding the October 15, 1998 order. On November 2, 1998, the Commonwealth Court, per curiam, denied the petition for review.

On December 18, 1998, defendant filed a motion for summary judgment raising the following issues: (1) the plaintiff was not eligible for a sabbatical leave of absence under 24 P.S. §11-1168, and (2) that the statute of limitations had run because this action was not filed within 30 days of the issuance of an administrative decision. Argument for the motion was held before a three-judge panel, however, Judge Turgeon recused herself from the case. On April 30, 1999, Judge Kleinfelter issued an order and opinion denying defendant’s motion for summary judgment.

On December 3, 1999, defendant filed a motion in limine to strike plaintiffs’ jury demand. On January 18, 2000, Judge Kleinfelter issued a memorandum opinion and order denying defendant’s motion.

[259]*259Following a pretrial conference, this court issued a memorandum opinion and order indicating that an employee seeking a sabbatical leave for restoration of health may meet the return-to-work requirements under 24 P.S. §11-1168 by using accumulated sick leave.

The case was tried before a jury before this court from March 27 through March 29, 2000. The jury returned a verdict in favor of the plaintiffs. Specifically, the jury found that a contract existed between Mr. Lehman and Central Dauphin School District; that had he been granted a sabbatical leave of absence for restoration of health, Mr. Lehman would have had 240 sick and vacation days available to him at the conclusion of the sabbatical; and Mr. Lehman’s retirement date would have been August 30, 1998. The jury awarded damages to the plaintiffs in the total amount of $120,900. The damage award included $31,500 for half salary for one year which Mr. Lehman would have received during the sabbatical and $89,400 in damages for the difference in retirement benefits Mr. Lehman receives from PSERS and the amount he would have received from PSERS had he been granted the sabbatical.

On April 5,2000, plaintiffs filed a motion to mold the verdict, seeking $6,221.26 interest on the award for the half-salary for one year, and $1,895.02 interest on the retirement benefits. On April 10,2000, defendant filed a motion for post-trial relief, requesting a judgment n.o.v. The defendant argued that the action should have been dismissed as a matter of law for the following reasons: (1) the plaintiff waived his right to judicial relief by his failure to pursue administrative remedies, (2) the defendant is entitled to governmental immunity, (3) the Pub-[260]*260lie School Code requires an employee to actually return to fulfilling his job functions at the conclusion of a requested sabbatical, and (4) the employer’s policies did not create contract rights. The defendant also asserts that the jury’s verdict is contrary to the evidence because (1) there was no evidence regarding formation of an oral contract, and (2) there was no evidence that Mr. Lehman had a sufficient number of sick and vacation days available to him.

Both parties filed briefs regarding the defendant’s motion for post-trial relief and plaintiffs’ motion to mold the verdict. This court heard argument on these issues on August 15, 2000.

LEGAL DISCUSSION

There are two bases upon which a judgment n.o.v. can be entered: “one, the movant is entitled to judgment as a matter of law, and/or two, the evidence was such that no two reasonable minds could disagree that the outcome should have been rendered in favor of the movant. With the first, a court reviews the record and concludes that even with all factual inferences decided adverse to the movant the law nonetheless requires a verdict in his favor, whereas with the second, the court reviews the evidentiary record and concludes that the evidence was such that a verdict for the movant was beyond peradventure.” Davis v. Berwind Corp., 547 Pa. 260, 266, 690 A.2d 186, 189 (1997) (citing Moure v. Raeuchle, 529 Pa. 394, 402-403, 604 A.2d 1003, 1007 (1992)). A judgment n.o.v. is proper “only in a clear case where, viewing the evidence in the light most favorable to the verdict winner, and granting the verdict winner every reasonable favorable [261]*261inference, there is insufficient evidence to sustain the verdict.” Sundlun v. Shoemaker, 421 Pa. Super. 353, 358, 617 A.2d 1330, 1333 (1992). A jury verdict will not be set aside absent a clear error of law or palpable abuse of discretion. Id. at 358, 617 A.2d at 1334. Furthermore, jury findings are presumed to be consistent unless there is no reasonable theory to support the jury’s verdict. James v. Nolan, 418 Pa. Super. 425, 433, 614 A.2d 709, 713 (1992).

FAILURE TO TAKE ADMINISTRATIVE APPEAL

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Bluebook (online)
53 Pa. D. & C.4th 255, 2000 Pa. Dist. & Cnty. Dec. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lehman-v-central-dauphin-school-district-pactcompldauphi-2000.