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Brandenburger v. Hilti3/27/1989
being threatened by Vannucci almost daily with "take one more drink and you'rsout the door," plaintiff began drinking and "using." "Using," plaintiff explained, meant injecting heroin into his veins.
On July 10 and 11, 1984 plaintiff "really tied one on and just went out and started to drink and couldn't stop." Plaintiff failed to attend work these two days. Plaintiff then called Jean Gilman, Hilti's national operations officer, and requested help. Gilman took plaintiff to Serenity Hall at St. Johns Hospital since plaintiff was intoxicated at the time. During the admittance process at St. John, plaintiff was asked, with Jean Gilman in attendance, "what is your drug of choice?" Plaintiff replied "heroin." This was the first time Hilti became aware plaintiff was a heroin user. Plaintiff was admitted to St. John Hospital and received an indefinite medical leave from his employment at Hilti. Plaintiff's medical insurance through Hilti covered plaintiff's treatment at St. John.
When he left St. John after a stay of seven days, plaintiff went to the home of his Alcoholics Anonymous sponsor and discussed his alternatives. Plaintiff was granted permission by Hilti's personnel manager to enter Gateway Rehabilitation Center, a top-rated alcoholism treatment facility. Plaintiff's medical insurance through Hilti covered plaintiff's treatment at Gateway.
On August 22, 1984 plaintiff was released from Gateway, having completed the twenty-eight-day program. When plaintiff returned to Cleveland he called Hilti to request his work schedule. Plaintiff was told "take a week off to adjust" and then come in for a meeting. On August 29, 1984 plaintiff attended a meeting with Jean Gilman at which time Gilman told plaintiff he was terminated. Plaintiff testified he was in shock since he did not expect to be discharged from Hilti. Plaintiff also claims to have suffered a loss of dignity as a result of his termination.
Plaintiff's assignments of error follow:
"I. The trial court erred in refusing to allow the jury to render its decision on plaintiff's claim for breach of implied agreement because (A) the law of Ohio recognizes claims for breach of implied agreement, and (B) based upon the evidence presented to the jury, reasonable minds could reach different conclusions upon material questions of fact, precluding directed verdict for defendant.
"II. The trial court erred in refusing to allow the jury to render its decision on plaintiff's claim for reckless infliction of severe emotional distress because (A) the law of Ohio recognizes claims for reckless infliction of severe emotional distress, and (B) based upon the evidence presented to the jury, reasonable minds could reach different conclusions upon material questions of fact, precluding directed verdict for defendant.
"III. The trial court erred in refusing to allow the jury to render its decision on plaintiff's claim for breach of the covenant of good faith because (A) the law of Ohio recognizes claims for breach of the covenant of good faith, and (B) based upon the evidence presented to the jury, reasonable minds could reach different conclusions upon material questions of fact precluding directed verdict for defendant.
"IV. The trial court erred in refusing to allow the jury to render its decision on plaintiff's claim for violation of public policy because (A) the law of Ohio recognizes claims for violation of public policy, and (B) based upon the evidence presented to the jury, reasonable minds could reach different conclusions upon material questions of fact, precluding directed verdict for defendant."
Plaintiff's assignments of error lack merit.
Def
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