Olson v. Curators of the University of Missouri

381 S.W.3d 406, 2012 Mo. App. LEXIS 1355, 2012 WL 5265505
CourtMissouri Court of Appeals
DecidedOctober 23, 2012
DocketNo. WD 74670
StatusPublished
Cited by11 cases

This text of 381 S.W.3d 406 (Olson v. Curators of the University of Missouri) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Olson v. Curators of the University of Missouri, 381 S.W.3d 406, 2012 Mo. App. LEXIS 1355, 2012 WL 5265505 (Mo. Ct. App. 2012).

Opinion

THOMAS H. NEWTON, Judge.

Ms. Loreen Olson appeals the partial summary judgment for the Curators of the University of Missouri (University) and Mr. Michael O’Brien, the Dean of the College of Arts and Sciences. Ms. Olson contends that the undisputed facts did not entitle the University to judgment as a matter of law. We reverse and remand.

Factual and Procedural Background

Ms. Olson filed a six-count petition for damages against the University and Mr. O’Brien. Only Counts I through IV are at issue. In Counts I and II, Ms. Olson alleged that the University had breached a two-month employment agreement and a three-year employment agreement, respectively. In Count III, she alleged that the University had breached the covenant of good faith and fair dealing. In Count IV, she alleged promissory estoppel, requesting the trial court to enforce Mr. O’Brien’s promise to appoint her the successor chair of the Department of Communications (Department) of the College of Arts and Sciences (College).

Ms. Olson alleged the following facts to support those counts. In March 2010, the faculty of the Department nominated Ms. Olson to be the successor chair. In April 2010, Ms. Olson and Mr. O’Brien met to discuss Ms. Olson’s appointment as the chair. During the meeting, Ms. Olson was “formally offered the position” and she accepted the position in that meeting. They agreed that she would assume the current chair’s position for two months during the summer before starting an official term of three years the following September. They also agreed that she would be paid $14,000 for those two months. They further agreed that she would be paid $77,000 in the first year of the official term. They left for future discussion “minor details regarding a chair stipend and research leave.”

Ms. Olson further alleged that the agreements were “memorialized” in letters dated May 4. The first letter addressed the two-month term and stated that the terms found in the other letter would take effect September 1, 2010. The second letter mentioned the three-year term appointment, salary of $77,000 and research leave. After receiving the letters, Ms. Olson emailed Mr. O’Brien to address “outstanding issues” including the existence of a chair stipend, pay adjustment for July and August, the guidelines for spending the $5,000 research support, and payment for May and June. The next day, Mr. O’Brien’s assistant emailed Ms. Olson that [409]*409Mr. O’Brien would be contacting the faculty to select another chair because of “irreconcilable differences.” Another faculty member was appointed.

In its answer, the University denied the existence of any agreement for Ms. Olson to be the successor chair. It also raised the statute of frauds as an affirmative defense, claiming that the alleged oral agreement was not to be performed within a year and was not evidenced by a writing containing essential terms or the signature of an authorized person.

Subsequently, Ms. Olson moved for partial summary judgment on Counts I and II. Ms. Olson claimed that there was no genuine dispute of material fact that two contracts existed between her, Mr. O’Brien, and the University, and that they breached them. The University requested that the motion be denied because disputed facts existed. It alleged that no agreements were made at the meeting because the parties had an understanding that a written offer would be forthcoming, and it suggested the May 4 letters constituted the offer.

Thereafter, the University filed a motion for a partial summary judgment on Counts I through IV of Ms. Olson’s petition. The University argued that the May 4 letters were an offer and that Ms. Olson’s subsequent email was a counter offer, which constituted a rejection of both the three-year term and the two-month term. Finally, it argued that since Ms. Olson did not accept the offer, Counts III and IV also failed.

The trial court granted the University’s motion for partial summary judgment and denied Ms. Olson’s motion. The trial court then entered judgment stating that no just reason existed for delaying the appeal of the partial summary judgment. Ms. Olson appeals, raising four points.

Standard of Review

We review the grant of summary judgment de novo. ITT Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371, 376 (Mo. banc 1993). In determining the propriety of the summary judgment, we use the same criteria that the trial court employed in granting the motion. Id. We view the facts in the light most favorable to the non-movant and give the non-movant the benefit of all reasonable inferences. Id.

Legal Analysis

Ms. Olson argues in the first and second points that the trial court erred in granting summary judgment as to Counts I through IV on the ground that no contract existed because “a jury could reasonably find that the parties created two employment contracts,” and a party’s “intent to enter into such a contract is a question for the fact-finder.” In the third point, Ms. Olson asserts that the trial court erred in granting summary judgment as to Counts I through IV on the University’s defense of statute of frauds because the defense did not apply. In the fourth and final point, Ms. Olson specifically argues that the trial court erred in granting summary judgment as to Counts III and IV on the ground that a contract did not exist because those claims “rest on a factual finding that a contract exists, which must be determined by a jury.” We address points one, two, and four together because they are interrelated.

Summary judgment is proper where the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Rule 74.04(c)(6).1 [410]*410The non-movant demonstrates a genuine issue of material fact by denying the allegations and citing specific references to the discovery, exhibits, or affidavits showing a genuine issue for trial. Rule 74.04(c)(2). Facts that are not denied in accord with Rule 74.04(c)(2) are deemed admissions. Id.

A defendant is entitled to summary judgment as a matter of law when the defendant shows:

(1) facts that negate any one of the claimant’s elements facts, (2) that the non-movant, after an adequate period of discovery, has not been able to produce, and will not be able to produce, evidence sufficient to allow the trier of fact to find the existence of any one of the claimant’s elements, or (3) that there is no genuine dispute as to the existence of each of the facts necessary to support the movant’s properly-pleaded affirmative defense.

ITT Commercial Fin., 854 S.W.2d at 381.

Although the defending party is the movant, the University still had to establish the right to judgment as a matter of law. See id. at 381-82. Ms. Olson only had to show the existence of a genuine issue with a material fact underlying the University’s right to judgment. Id. “A ‘genuine issue’ exists where the record contains competent materials that evidence two plausible, but contradictory, accounts of the essential facts.” Id.

One of the grounds on which the University requested summary judgment was that Ms. Olson could not prove that a contract existed and that based on the undisputed facts, a contract did not exist. The existence of a contract is an element of a breach of contract claim.

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381 S.W.3d 406, 2012 Mo. App. LEXIS 1355, 2012 WL 5265505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olson-v-curators-of-the-university-of-missouri-moctapp-2012.