Walker v. Grand Central Sanitation, Inc.

634 A.2d 237, 430 Pa. Super. 236, 1993 Pa. Super. LEXIS 3907
CourtSuperior Court of Pennsylvania
DecidedNovember 29, 1993
Docket934
StatusPublished
Cited by79 cases

This text of 634 A.2d 237 (Walker v. Grand Central Sanitation, Inc.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Grand Central Sanitation, Inc., 634 A.2d 237, 430 Pa. Super. 236, 1993 Pa. Super. LEXIS 3907 (Pa. Ct. App. 1993).

Opinions

OLSZEWSKI, Judge:

This is an appeal from a jury verdict entered in favor of appellee, Ida Walker [“Walker”]. After a three-day trial, a jury found appellant Nolan Perin and his corporation, Grand Central Sanitation [“Grand Central”] liable for breaching an employment contract and for defaming Walker by making allegedly false statements to a potential employer. The trial court, viewing the same evidence as the jury, found for Grand Central on Walker’s discrimination claim under the Pennsylvania Human Relations Act.1 We reverse in part and affirm in part.

In the early 1980’s, Walker was employed by the Container Corporation of America as a buyer in charge of the company’s “bin truck division.” In this position, among other responsibilities, Walker oversaw an operation which involved the mass collection of old newspapers from different locations in the Philadelphia area. Through a fellow salesperson, Walker met Perin and his business associates (Perm’s brother and sister), who were interested in expanding Grand Central to include recycling among its established trash-hauling services. Walker met with the Perins to explain her understanding of the field, developed through her experiences with Container, and eventually the Perins asked her if she would be interested in working for Grand Central. After several oral discussions regarding salary and benefits, Walker accepted the Perins’ offer and began working for Grand Central in late 1984.

[240]*240Walker was assigned to work in Grand Central’s subsidiary corporation, Pocono Independent Paper [“Pocono”]. Pocono handled the Perins’ new recycling venture, and it was Walker’s job to establish and maintain accounts for the new enterprise. Walker testified that she opened recycling accounts with various area businesses, most of which were not previous customers of Grand Central. Despite her successes, however, Walker’s efforts did not proceed without setbacks. She testified that on two occasions, the Perins became upset with her job performance: on one occasion, the Perins discovered a deficiency in an accounting system designed by her to set prices for Pocono’s recycling services which required the company to revamp the system. On another, Nolan Perin discovered a $50,000 mathematical error in a bid which Walker prepared for submission to a potential corporate client. Approximately three weeks after this incident, Walker’s employment was terminated, despite her protestations that the Perins had never criticized her performance in any formal way and her claim that she was personally responsible for doubling Pocono’s sales while she was in Grand Central’s employ. Perin, conversely, testified at length regarding his dissatisfaction regarding Walker’s handling of client accounts, such as those described above, and that his frustration with Walker led to her termination.

Walker, now unemployed, feverishly sought new employment, sending out “hundreds” of resumes. During her search, Walker contacted Rudolph Tolbert, an acquaintance who she met through the Pennsylvania Resources Council. Tolbert informed Walker that he was in the midst of developing an enterprise which would bid on certain recycling contracts in the Philadelphia area. Tolbert expressed interest in hiring Walker as part of his marketing team, and told her that he was in the process of assembling resumes for his development package. As part of this process, he contacted Perin for a reference regarding Walker’s performance at Pocono. Perin did not respond favorably, and Tolbert included Perm’s words in a letter to Walker:

[241]*241Dear Ida,
I called Pocono Paper Stock several times, first speaking to Kris who could do nothing but verify that you had worked at PPS, but could not attest as to your job description or work quality.
On September 23, 1986, Mr. Nolan Perin returned my call. I advised Mr. Perin that I was trying to put together a team in preparation for bidding on City of Philadelphia contracts for the marketing of recyclables and that I was considering you to supervise a marketing team of four persons, one of whom would be a bookkeeping/clerical type.
Mr. Perin said that he “didn’t know if she can do it.” “[Pocono] didn’t have a lot of success with her. Maybe she could do it for someone else. Perhaps the Pocono position was beyond her capabilities.”
I asked Mr. Perin what your problem was as he saw it. He told me that you “had a problem meeting goals,” that you were “too liberal with personnel,” and that you “wouldn’t come into work Monday after working a hard week. I [Perin] just couldn’t make money operating like that ... maybe you can, but I can’t. I just got tired of it and let her go.”
With this kind of reference, I believe that it would be difficult to successfully respond to a Request for Qualifications from the City if you were a key member of the applicants’ group.
If you would like to discuss this further, you may call me at the above telephone number or at the Community Development Coalition [ ...].
Very Truly Yours,
Rudolph V. Tolbert

Although Tolbert never considered Walker for employment, his business venture never transpired. Tolbert also testified that he thought nothing less of Walker or her capabilities as a result of the recommendation. Furthermore, Walker adduced no testimony that any other person heard the publication or [242]*242was affected by it.2 Based on the statements attributed to Perin in Tolbert’s letter, Walker brought this action claiming that he defamed her. The jury awarded her $23,500 on the defamation claim.3 Perin appeals this verdict claiming that the trial court should have granted, for various reasons, his motion for a judgment notwithstanding the verdict. He also raises several other arguments, which we address in turn.

I. DEFAMATION

Perin argues that the trial court should have directed a verdict or alternatively granted his motion for a judgment notwithstanding the verdict on the defamation claim because Perm’s statements are not capable of defamatory meaning and because Walker suffered no damage by their utterance. Our standards of review when considering motions for a directed verdict and judgment notwithstanding the verdict are identical. We may reverse only if we find an abuse of discretion or an error of law which controlled the outcome of the case. Timbrook v. Foremost Ins. Co., 324 Pa.Super. 384, 471 A.2d 891 (1984). We must also consider the evidence, together with all favorable inferences drawn therefrom, in a light most favorable to Walker, the verdict winner. Moure v. Raeuchle, 529 Pa. 394, 604 A.2d 1003 (1992). We have summarized the [243]*243evidence in this manner above and now proceed to Perm’s claims.

Perin claims first that his statements are incapable of defamatory meaning. Any defamation action begins with the court’s legal determination of whether the spoken words are capable of impugning the reputation of the person who alleges the defamation. Sobel v. Wingard, 366 Pa.Super. 482, 531 A.2d 520 (1987).

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Bluebook (online)
634 A.2d 237, 430 Pa. Super. 236, 1993 Pa. Super. LEXIS 3907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-grand-central-sanitation-inc-pasuperct-1993.