Barksdale v. St. Clair County Com'n, 87-975

• Decision Date: 03 March 1989
• Docket Number: No. 87-975,87-975
• Citation: 540 So.2d 1389
• Parties: James Alfred BARKSDALE v. ST. CLAIR COUNTY COMMISSION.
• Court: Alabama Supreme Court

Page 1389

540 So.2d 1389

James Alfred BARKSDALE v. ST. CLAIR COUNTY COMMISSION.

No. 87-975.

Supreme Court of Alabama.

March 3, 1989.

John F. Kizer, Jr., and Jeffrey W. Bennitt, Birmingham, for appellant.

Billy L. Church of Church, Trussell & Robinson, Pell City, for appellee.

JONES, Justice.

Plaintiff James Alfred Barksdale claimed damages for both the tort of outrage and breach of contract. At the close of the plaintiff's case, the trial judge granted the defendant's motion for a directed verdict on both counts. We affirm the judgment based on the directed verdict.

Barksdale was employed by the St. Clair County Commission as a heavy equipment operator for over 13 years. He suffered several on-the-job injuries during the course of his employment and he received workmen's compensation benefits at various times. On December 12, 1984, Barksdale was injured again on the job and, as a result, appears to be totally disabled. Following this injury, Barksdale continued to receive full health benefits and workmen's compensation payments until March 1, 1985, at which time the health benefits were terminated by the Commission. Barksdale, alleging that this termination of benefits violated the provisions of the St. Clair County Employees Handbook "Handbook," sued for damages based on breach of contract and outrage.

We will first determine the standard of review to use on an appeal from a judgment based on a directed verdict. The granting of a directed verdict is not within the discretionary function of the trial court; thus, there is no presumption of correctness afforded such a ruling.

"[I]f alleged error is properly preserved and presented on appeal, these rulings are subject to de novo review, i.e., a review without any presumption of correctness."

King Mines Resort, Inc. v. Malachi Mining & Minerals, Inc., 518 So.2d 714, 716 (Ala.1987). Bearing this standard in mind, we hold that the trial court correctly directed a verdict for the Commission, because Barksdale failed to present any factual support for the two theories under which he seeks recovery.

In support of his claim based on breach of contract, Barksdale relies on provisions contained in the Handbook. We agree that, in the appropriate case, language contained in an employee handbook can be sufficient to create a binding contract:

"The existence of such a contract is determined by applying the following analysis to the facts of each case: First, the language contained in the handbook must be examined to see if it is specific enough to constitute an offer. Second, the offer must have been communicated to the employee by issuance of the handbook, or otherwise. Third, the employee must have accepted the offer by retaining employment after he has become generally aware of the offer. His actual performance supplies the necessary consideration."

Hoffman-La Roche, Inc. v. Campbell, 512 So.2d 725, 735 (Ala.1987).

Assuming that the Handbook did, in fact, create a contract, the next step is to examine the language of the Handbook to determine the terms of this contract. Section XI of the Handbook discusses the relationship between employee benefits and benefits under workmen's compensation:

"1. Workmen's Compensation. In compliance with State Law, the County provides automatic cost coverage for any injury or sickness which an employee may sustain as a direct result of employment with the County. The coverage also provides for the continuation of a large portion of the employee's regular salary while the employee is disabled as a result of a job-related sickness or injury. While an employee is so disabled, earned sick leave may be coordinated (prorated) with workmen's compensation benefits to pay up to a maximum of the employee's regular...