Gloria Ford v. Blue Cross & Blue Shield

Defendant is plaintiffs' former employer. Plaintiffs' employment was terminated on October 13, 1977, for falsification of payroll records without plaintiffs' having an opportunity to express themselves to their superiors except in writing. Plaintiffs sued for breach of an implied contract which plaintiffs asserted provided that they would not be discharged without just cause. Defendant's motion for summary judgment under GCR 1963, 117.2(3) was denied. Defendant's motion for a directed verdict at the close of the plaintiffs' proofs was also denied. The jury found for plaintiffs in the amount of $10,000 for Gloria Ford, $6,625 for Marion Thomas and $5,930 for Doris Hill. The trial court denied defendant's motion for judgment notwithstanding the verdict. Defendant appeals the denial of these motions. We find that the trial court improperly denied defendant's motion for directed verdict at the close of plaintiffs' proofs, and reverse. This Court's review of a denial of a motion for directed verdict is limited to whether the party opposing the motion offered evidence upon which reasonable minds could differ. Perry v Hazel Park Harness Raceway, 123 Mich App 542, 549; 332 NW2d 601 (1983). The test is whether, viewing the facts in a light most favorable to plaintiff, reasonable persons could reach a different Conclusion. If so, the case is properly one for the jury. Plaintiff must be given the benefit of every reasonable inference that could be drawn from the evidence. Anderson v Gene Deming Motor Sales, Inc, 371 Mich 223, 229; 123 NW2d 768 (1963). The same standard of review applies where a motion for judgment notwithstanding the verdict has been denied. Anderson, supra; Goins v Ford Motor Co, 131 Mich App 185, 191-192; 347 NW2d 184 (1983). Jenkins v American Red Cross, 141 Mich App 785, 792; 369 NW2d 223 (1985).