Donald G. Bliven v. Brunswick Corporation

Appellant (Bliven), a former employee of the respondent (Brunswick), brought suit for both actual and punitive damages alleging that upon his termination as employee of Brunswick, he requested and Brunswick failed to furnish him with a ""service letter"" as required by Section 290.140 RSMo 1969. Brunswick filed its motion to dismiss the action upon the basis that Bliven's petition failed to state a cause of action. This motion was sustained by the court below and Bliven appealed. Upon such record the scope of review of the judgment is clearly defined. This Court must accept the allegations of Bliven's petition as true and in a light most favorable to him, and afford to him all reasonable inferences to be drawn therefrom. Collins v. Vernon, 512 S.W.2d 470, 475 [5] (Mo. App. 1974). The pleadings shall be so construed as to do substantial Justice, Rule 55.24. Further, the propriety of the judgment of dismissal depends upon whether the petition invokes legal principles which, if the evidentiary facts support such principles, entitle Bliven to relief. Brennaman v. Andes & Roberts, 506 S.W.2d 462, 463 [1] (Mo. App. 1973). When so viewed, the record presents the following facts: In December, 1974, Bliven was a resident of Missouri and Brunswick was a Delaware corporation with its principal office at Skokie, Cook County, Illinois, and was authorized to do business in Missouri. In that month and year, Bliven entered into an employment contract with one Wayne Dollar, District Manager for Brunswick, to be Assistant Manager of ""Brunswick Gladstone Bowl"", a facility of Brunswick in Gladstone, Clay County, Missouri. The agreement for such employment was entered into in Clay County, Missouri. Bliven continued in this capacity until September of 1975, a period of nine (9) months, at which time he was transferred by Brunswick to take over the job of Manager of the ""Orbit Lanes"" for Brunswick at New Orleans, Louisiana, where he worked in that capacity for about five (5) months. Bliven was then transferred to the job of Assistant Manager of the ""Valley View Lanes"", a facility of Brunswick at Council Bluffs, Iowa, where he served until April, 1976, a period of two (2) months. He was then transferred to the job of Manager of Brunswick's facility ""Frontier Lanes"" at Wichita, Kansas as Manager, in which capacity he served until December 29, 1976, a period of eight (8) months, when he was fired or terminated by Brunswick in Wichita, Kansas. Bliven's total period of employment by Brunswick in these four states spanned a period of approximately two (2) years. He was employed in Missouri and terminated in Kansas.