Hughes v. Oconee Cnty.
Decision Date | 11 October 2007 |
Docket Number | 2007-UP-461 |
Parties | Ann H. Hughes Appellant, v. Oconee County, South Carolina; Ron H. Rabun, individually and Administrator of Oconee County, South Carolina; Bill Rinehart, Marion Lyles, J. Frank Ables, Steve Moore and Tommy Crumpton, as Duly Elected Council Members of Oconee County Council; Bill Rinehart, Marion Lyles, and H. Frank Ables, individually; Kay Olbon, individually and as Human Resources Officer of Oconee County, South Carolina; and Sandra Smith, individually and as the Present Secretary/Administrative Assistant to the Administrator of Oconee County, South Carolina, Respondents v. |
Court | South Carolina Court of Appeals |
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.
Submitted October 1, 2007
Appeal from Oconee County James C. Williams, Jr., Circuit Court Judge
Larry C. Brandt, of Walhalla, for Appellant.
Thomas A. Bright, of Ogletree, of Greenville, for Respondent.
Ann H Hughes (Hughes) appeals the grant of summary judgment with regard to her breach of contract claim against Oconee County South Carolina; Bill Rinehart, Marion Lyles, H. Frank Ables Steve Moore and Tommy Crumpton, as Duly Elected Council Members of Oconee County Council (collectively County”). The trial court granted County's summary judgment motion based on the doctrine of avoidable consequences. We reverse. [1]
In December of 2000, Hughes began working as the Oconee County Supervisor. She maintained this position until Governor Mark Sanford suspended her in May 2003, after criminal charges were brought against her in Oconee and Pickens Counties for embezzlement and misconduct in office. Hughes remained suspended from office until April 2004, when, pursuant to a deal offered by Oconee County, the charges were dismissed. While charges were pending against her in Oconee County, criminal charges were initiated against her in Anderson County for misuse of a telephone at Clemson University during her previous employment. Hughes was acquitted of the Anderson County charge in February 2005.
Hughes signed a new employment contract (Contract) with Oconee County on April 19, 2004, where she would be retained as a consultant on the Americans with Disabilities Act for a period of three (3) years beginning May 1, 2004 and ending April 30, 2007.” This Contract included health insurance and state retirement benefits for her employment term. Additionally, the contract stated:
Under the Contract, Hughes's duties were to: (1) perform written assessments of all County buildings and Oconee County School buildings for compliance with the Americans with Disabilities Act (ADA); (2) execute such other duties concerning the ADA as required by the Chief Administrative Officer of Oconee County; and (3) answer only to the Chief Administrative Officer of Oconee County. In return, the County agreed to pay for any training, travel, lodging and meals with connection to training necessary and incident to perform ADA assessments, and provide office equipment and materials necessary for the performance of her work.
Hughes submitted her resignation as County Supervisor on April 20, 2004, as well as a signed release, which provided:
In May 2004, Hughes commenced employment as a consultant with Oconee County under the Contract. Ron Rabun, the Administrator of Oconee County, terminated Hughes on June 2, 2005, in a letter stating:
On June 3, 2005, Hughes filed a complaint alleging: (1) breach of contract; (2) abuse of process; (3) guaranty; (4) tortious interference with contractual relations; and (5) civil conspiracy. She amended her complaint on June 30, 2005. The County filed a motion to dismiss or strike certain portions of Hughes's complaint on August 2, 2005, and filed an answer to the amended complaint on September 22, 2005, declaring Hughes's termination was for cause.
The trial court dismissed Hughes's guaranty cause of action on September 27, 2005. Hughes subsequently voluntarily dismissed all other claims except breach of contract.
The County moved for summary judgment on May 5, 2006, arguing Hughes, in her deposition testimony, established she made no efforts to mitigate her damages by seeking other employment. Thus, the County contended no dispute existed on the issue of Hughes's efforts to mitigate her damages. At the July 31, 2006, motion hearing, the County referred to this relevant portion of Hughes's deposition:
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