Gilbert Resnik v. Blue Cross and Blue

Plaintiff, Gilbert Resnik, appeals the trial court's grant of a new trial as to damages on plaintiff's breach of contract claim and the trial court's order granting defendant judgment notwithstanding the verdict on plaintiff's claim of promissory estoppel. Defendant, Blue Cross and Blue Shield of Missouri (""BCMO""), cross-appeals the trial court's denial of its motion for judgment notwithstanding the verdict on plaintiff's breach of contract claim. We affirm. Plaintiff was employed by defendant for approximately seven years as its Director of Corporate Planning. He was then transferred to defendant's product development division where his supervisor was Bill Elliott. This was intended to be a lateral move with the same salary and benefits as the previous position. Plaintiff remained in this position for three years. As a result of lost benefits and postponed salary increases, plaintiff's relationship with his supervisor deteriorated. Then, in 1991, plaintiff's employment at BCMO was terminated. At that time, plaintiff and defendant entered into a separation agreement with a provision which stated: