Plambeck v. Union Pacific Railroad

509 N.W.2d 17, 244 Neb. 780, 1993 Neb. LEXIS 290
CourtNebraska Supreme Court
DecidedDecember 23, 1993
DocketS-91-747
StatusPublished
Cited by38 cases

This text of 509 N.W.2d 17 (Plambeck v. Union Pacific Railroad) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Plambeck v. Union Pacific Railroad, 509 N.W.2d 17, 244 Neb. 780, 1993 Neb. LEXIS 290 (Neb. 1993).

Opinions

White, J.

Tommy E. Plambeck appeals from a decision of the Nebraska Court of Appeals that affirmed the summary judgment granted by the district court in favor of appellee, Union Pacific Railroad Company (Union Pacific). The district court held that a general release and covenant not to sue (the [781]*781release) barred Plambeck’s cause of action. We reverse the decision of the Court of Appeals that affirmed the decision of the district court, and we remand the cause for further proceedings.

Plambeck began working for Union Pacific in June 1978 as a photographer in its public relations department. Plambeck was a nonunion employee, and his employment was not the subject of a written contract or labor agreement.

In July 1979, Plambeck fell and injured his back while on assignment for Union Pacific. From the time of his injuries until 1986, Plambeck worked intermittently because of his injuries. Plambeck underwent back surgery in February 1986 and then remained off work. In September, Plambeck met with his supervisors and discussed his rehabilitation and return to work, with a target date of October. Plambeck contends that his supervisors continually reassured him that he would not lose his job.

Toward the end of. 1986, Union Pacific laid off employees pursuant to an involuntary force-reduction program. Plambeck was one of the employees who was terminated under the program. Plambeck received $16,000 as severance pay and was asked to sign a release form. Plambeck and his counsel added a paragraph to the release form, and then, on December 30, Plambeck signed the release. The release, including the paragraph added by Plambeck, states:

In consideration of the benefits provided me under the terms and conditions of the Union Pacific Railroad Company Involuntary Force Reduction Program, I hereby release and forever discharge Union Pacific Railroad Company, Missouri Pacific Railroad Company, The Western Pacific Railroad Company, their parents, subsidiaries (“the Company”), officers, agents and employees from any and all claims, causes of action and liabilities of any kind or nature arising out of my employment at, or termination of my non-agreement employment from Union Pacific Railroad Company, Missouri Pacific Railroad Company, The Western Pacific Railroad Company, or any of their subsidiary companies. I further agree not to institute any proceedings against the [782]*782Company, its officers, agents and employees, based on any matter relating to my employment at, or termination of my non-agreement employment from the Company.
This General Release and Covenant Not to Sue is subject to the following exceptions. Tom Plambeck reserves to himself, and does not waive, impair, or prejudice his claims against the Union Pacific Railroad Company, or its subsidiaries, employees, agents, or assigns his claims arising from a fall from a ladder at the Omaha Shops occurring July 13, 1979, and presently in suit at Doc. 817, No. 210, District Court of Douglas County, Nebraska, or any other claims available related to his health for which Union Pacific Railroad Company, its subsidiaries, employees, agents, or assigns may be liable.
I acknowledge that this Program and this document have been fully explained to me and I understand its terms.

(Emphasis supplied.)

The pending action referred to in the second paragraph of the release was Plambeck’s personal injury claim under the Federal Employers’ Liability Act. In that action, a jury awarded Plambeck $9,100.37.

In November 1989, Plambeck filed a wrongful termination action against Union Pacific. Plambeck alleges that under Union Pacific’s written rehabilitation program, Union Pacific was required to continue to employ Plambeck. Union Pacific filed a motion for summary judgment, contending that Plambeck’s action was barred by the release that he signed when he was terminated. After a hearing, the district court agreed with Union Pacific and granted summary judgment.

Plambeck appealed the summary judgment to the Court of Appeals. In that appeal, Plambeck argued that the release is ambiguous regarding which claims against Union Pacific he had relinquished and which claims against Union Pacific he had preserved. The Court of Appeals held, as a matter of law, that the language of the release is not ambiguous.

In the present appeal, Plambeck argues that the district court erred in granting the summary judgment because there is a genuine issue of material fact regarding the interpretation of the [783]*783release signed by Plambeck. Specifically, Plambeck contends that the language “or any other claims available related to his health for which Union Pacific . . . may be liable” in the paragraph added by Plambeck modifies or negates the general release from liability related to his termination. Plambeck further contends that extrinsic evidence will establish that his intent in adding the second paragraph was to permit him to assert any claims related to his injuries, including the fact that he was wrongfully terminated because of his injuries. Plambeck argues that because the language is ambiguous, there is a question of fact whether his claim for wrongful termination is barred by the release, and, thus, the summary judgment was improper.

Summary judgment is proper when the pleadings, depositions, admissions, stipulations, and affidavits in the record disclose that there is no genuine issue as to any material fact or as to the ultimate inferences that may be drawn from those facts and that the moving party is entitled to judgment as a matter of law. VonSeggern v. Willman, ante p. 565, 508 N.W.2d 261 (1993); Gould v. Orr, antep. 163, 506 N.W.2d 349 (1993); Economy Preferred Ins. Co. v. Mass, 242 Neb. 842, 497 N.W.2d 6 (1993). Whether the summary judgment was proper depends on whether the language of the release is ambiguous. If the release is not ambiguous, then summary judgment was proper; if the release is ambiguous, then summary judgment was not proper because the court faced a question of fact — how to interpret the release.

Whether a contract is ambiguous is a question of law. When an appellate court is deciding questions of law, the court has an obligation to resolve the questions independent of the conclusions reached by the trial court. VonSeggern, supra; Bell Abstract & Title v. Caro, Inc., 243 Neb. 576, 500 N.W.2d 834 (1993); Crowley v. McCoy, 234 Neb. 88, 449 N.W.2d 221 (1989); Knox v. Cook, 233 Neb. 387, 446 N.W.2d 1 (1989). A document is ambiguous if a word, phrase, or provision in the document has, or is susceptible of, at least two reasonable but conflicting interpretations. Crowley, supra; Knox, supra. If a contract is ambiguous, the meaning of the contract is a question of fact, and a court may consider extrinsic evidence to [784]*784determine the meaning of the contract. State v. Commercial Casualty Ins. Co., 125 Neb. 43, 248 N.W. 807 (1933).

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Cite This Page — Counsel Stack

Bluebook (online)
509 N.W.2d 17, 244 Neb. 780, 1993 Neb. LEXIS 290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plambeck-v-union-pacific-railroad-neb-1993.