Monson v Oregon

Who was the plaintiff?

Don L Monson

Other fact based questions

What is Directed verdict? Directed verdict is appropriate when there is a complete absence of proof on an essential issue, or when there is no conflict in the evidence and is susceptible of only one construction. Rules the University relies on: OAR 908*908 "Personelle may be reassigned within an institution in accordance with the staff needs of the institution or other units"

Why did the plaintiff sue?

Believed his attempted reassignment and eventual discharge as Head Basketball Coach at the University of Oregon was a breach of his contract.

What were the plaintiff's claims?

Claimed he has performed all the conditions under the contracts he signed up to 1994. Claimed attempted reassignment as golf coach would be "professional suicide". Argued his discharge would prevent him from potential outside financial benefits.

What is some of the relevant precedent?

Denley v. Mutual of Omaha Trial court in this case erred in denying defendants motion for directed verdict because plaintiffs didnt produce any substantial evidence. Adams v Knoth Trial Court granted a directed verdict on Plaintiff's fraud claim. Scholes v Sipco Services & Marine Inc. Established the claim to consider the whole record, including the Defendant's evidence. Brown v JC Penney Co The court must resolve any factual issues in favor of the non moving party only when the facts specifically attested by that party contradicts the facts specifically attested by non moving party. Garrett v State Farm Mutual Insurance When a written contract refers in specific terms to other writing, the other writing is part of the contract. State v Acosta Although the meaning of the rule is a question of law for the court, the board's interpretation is entitled to some deference, especially in light of the fact that legislature has given its a broad mandate to promulgate the rules necessary to carry out its duties and powers.

What happened at District level?

Monson wins, the State of Oregon appeals

What court decided this case?

Oregon Court of Appeals, Judge Detis

What was the court's decision?

Reversed the District Court's decision (District Court ruled in Monson's favor)

What the defendant's main defenses?

The State of Oregon, now the appellants, claimed the reassignment was authorized under Monson's contract. They claimed they validly exercised their right to reassign. Also claimed plaintiff demonstrated no contractual entitlement to receive from the University any of what's been referred to in this case as "outside income."

What was the court's rationale?

The plaintiff could not provide evidence that his reassignment was not in accordance with the applicable rules. Accordingly, viewing the evidence in the light most favorable to plaintiff and giving him benefit of all reasonable inferences, the court concluded that a jury could not have found facts necessary to conclude that the university breached the plaintiff's contract.

What was the disposition?

The state won their appeal and the Apellate Court reverse and remanded the Trial Court's decsion.