Drury v. Missouri Youth Soccer Ass'n, Inc.

• Decision Date: 08 July 2008
• Docket Number: No. ED 88731.,ED 88731.
• Parties: Rhonda Entwistle and Megan DRURY, Respondents, v. MISSOURI YOUTH SOCCER ASSOCIATION, INC., et al., Appellants.
• Court: Missouri Court of Appeals

259 S.W.3d 558

Rhonda Entwistle and Megan DRURY, Respondents, v. MISSOURI YOUTH SOCCER ASSOCIATION, INC., et al., Appellants.

No. ED 88731.

Missouri Court of Appeals, Eastern District, Division One.

July 8, 2008.

Scott J. Dickenson, St. Louis, MO, for appellants.

Michael McCrary, Columbia, MO, pro se.

Joseph L. Green, St. Louis, MO, for respondents.

ROBERT G. DOWD, JR., Judge.

The Missouri Youth Soccer Association, Inc. ("MYSA") and Michael McCrary ("McCrary") (collectively "Defendants") appeal from the judgment in favor of Rhonda Entwistle ("Entwistle") and Megan Drury ("Drury") (collectively "Plaintiffs") on their separate claims. Most of MYSA's claims involve Plaintiffs' alleged failures to present submissible cases for their recoveries. In particular, MYSA argues the trial court erred in denying MYSA's motions for directed verdict and for judgment notwithstanding the verdict with respect to Entwistle's claim for wrongful discharge, Entwistle's claim for punitive damages based on her claim for wrongful discharge, and Drury's breach of contract claim. MYSA also argues Drury's breach of contract claim fails because the alleged contract was barred by the statute of frauds. In his separate appeal, McCrary argues the trial court erred in denying his motions for directed verdict and for judgment notwithstanding the verdict with respect to Drury's claim for personal injuries against him because her claim was barred by the expiration of the two-year statute of limitations in Section 516.140, RSMo 2000.¹ We affirm in part and reverse in part.

This case arose from an incident between Drury and McCrary and the MYSA Board of Directors' ("the Board") subsequent handling of the matter. MYSA is a youth soccer association whose purpose is to develop, teach, and promote the game of soccer for Missouri's youth. Plaintiffs had both been employees of MYSA. Entwistle began working for MYSA as the office manager in 1994, and she eventually was promoted to become the administrative/executive director of MYSA before she was discharged in 2001. Drury spent the summers and winter breaks of her freshmen and sophomore years in college in 1996 and 1997 working in the office at MYSA.

When Drury first began working for MYSA in 1996, she was nineteen years of age. While Drury was working in the summer of 1996, McCrary, who was then vice president of MYSA, had occasion to be in the office on numerous occasions. Drury testified that McCrary "kept asking [her] out," and she repeatedly "shrugged off" these inquiries. Then, Drury testified, when she was standing at the copier one day, McCrary walked by and took "his hands and slap[ped][her] on the behind and [said] get to work." Drury testified that immediately after this incident she went into a corner and began crying. Entwistle then tried to console Drury and told her she could go home early, which she did.

Entwistle testified that shortly after the incident she called Tony Kuester ("Kuester"), the president of MYSA when the incident occurred, and told him "this was going to be an issue for MYSA, [and the Board was] going to have to deal with it." Subsequently, Entwistle acted, on her own volition, as a liaison between Drury and her mother and the Board. After the Board considered the matter, Entwistle apparently informed Drury that McCrary had resigned from the Board and was never again to be allowed on the Board. Drury testified that in deciding not to take legal action against MYSA with respect to the incident involving McCrary, she relied on the promise, communicated through Entwistle, of Kuester that McCrary would resign from the Board and would not return.

Subsequently, at a social function in 2000, Drury learned McCrary was again serving on the Board. After learning this, Drury sent a letter to Geoff Butler ("Butler"), who was then president of MYSA, complaining that McCrary's service on the Board was in violation of previous representations made to her.

In response to Drury's letter, the Board discussed and eventually voted five to four to hold a hearing on the matter.² Entwistle testified at the hearing regarding the incident between McCrary and Drury and the alleged agreement according to which Drury agreed not to pursue the matter further because McCrary resigned from the Board and would not return to the Board. Entwistle also testified that she informed certain members of the Board of the alleged agreement when McCrary rejoined the Board.

After the hearing, McCrary was found guilty of misconduct for the incident between him and Drury. However, the Board decided McCrary would be allowed to remain Central District Commissioner, which also made him a Board member, because the Board concluded he had already been punished by having to resign in 1996 and it would be inappropriate to punish him again for the same conduct. The Board also noted "there was no evidence that [the Board] formally or informally made conditions concerning [McCrary's] right to membership or rights granted to a member of [MYSA] including those concerning holding office at either the state or district level."

Subsequently, Butler began the process of taking the issue of McCrary's removal to MYSA's full membership for a vote because the Board had decided not to remove him, and Butler was concerned that MYSA could incur liability for McCrary's conduct. Before the issue went to the full membership for a vote, McCrary resigned. Nevertheless, MYSA's membership passed a decision at the Annual General Meeting ("AGM") to prohibit a Board member from returning to the Board if he or she was found guilty of misconduct.

Entwistle later contended that after she testified, the Board began to take retaliatory action against her by finding deficiencies in her performance, which had previously been rated good to excellent. Entwistle went on medical leave due to stress/depression and hypertension on March 15, 2001. While she was on leave, her position of administrative/executive director was eliminated by the Board, but the Board offered her the new position of director of operations. The duties of the director of operations included "securing additional sponsorships for the [MYSA]." Although the hours for the new position remained the same, Entwistle's earnings became contingent on the amount of sponsorships she sold and her base salary without these commissions was substantially lower than what she had been earning in her previous position. Entwistle and MYSA were unable to agree on the terms of the director of operations position, and Entwistle was not re-hired for that position.

Thereafter, Entwistle and Drury filed suit against MYSA, McCrary, and four other Board members in their individual capacities alleging thirteen causes of action. By the time this action went to trial, the remaining causes of action were Entwistle's claim for personal injuries as a result of sexual battery against McCrary, Entwistle's claim for wrongful discharge against MYSA and McCrary, Drury's claim for personal injuries as a result of sexual battery against McCrary, and Drury's claim for detrimental reliance/breach of agreement against MYSA and McCrary.

MYSA moved for directed verdicts at the close of Entwistle and Drury's case and at the close of all evidence. McCrary moved for directed verdicts at the close of Drury and Entwistle's evidence. All of these motions for directed verdicts were denied.

Thereafter, the jury found Entwistle was wrongfully discharged and had sustained $75,000 in actual damages and $75,000 in punitive damages. However, the jury found in favor of McCrary on Entwistle's claim for personal injuries against him. With respect to Drury's claim for breach of agreement, the jury found in her favor and assessed her damages at $30,000. Lastly, on Drury's claim for personal injuries against McCrary, the jury found for Drury and assessed her damages at $20,000 in actual damages and $40,000 in punitive damages. The trial court entered its judgment on all of these claims in accordance with the jury verdicts.

Subsequently, McCrary filed a motion for judgment notwithstanding the verdict or for a new trial on Drury's claim for personal injuries against him. MYSA also filed a motion for judgment notwithstanding the verdict or for a new trial on Entwistle's wrongful discharge claim and Drury's breach of contract claim. The trial court denied both of these motions. This appeal follows.

We review a trial court's denial of a motion for judgment notwithstanding the verdict and a motion for directed verdict the same way; we must determine whether the plaintiff made a submissible case. Hodges v. City of St. Louis, 217 S.W.3d 278, 279-80 (Mo. banc 2007). A case cannot be submitted unless each and every fact essential to liability is predicated upon legal and substantial evidence. Rush v. Senior Citizens Nursing Home Dist. of Ray County, 212 S.W.3d 155, 158 (Mo.App. W.D.2006). To determine whether evidence was sufficient to support the jury's verdict, we view the evidence in the light most favorable to the result reached by the jury, giving the plaintiff the benefit of all reasonable inferences and disregarding evidence and inferences that conflict with that verdict. Id. We will reverse the jury's verdict for insufficient evidence only when there is a complete absence of probative fact to support the verdict. Id. Where the issue is a question of law, we review the trial court's conclusions de novo. Hodges, 217 S.W.3d at 280.

I. The Submissibility of Entwistle's Claim for Wrongful Discharge

In its first point, MYSA argues the trial court erred in denying MYSA's motions for directed verdict and for judgment notwithstanding the verdict with respect to Entwistle's claim for wrongful discharge because there was not sufficient evidence that MYSA discharged Entwistle as a result of Entwistle "acting in a manner public policy would encourage." MYSA contends Entwistle's participation in a hearing to discern whether MYSA agreed...