Romack v. Public Service Co. of Indiana, 22S04-8708-CV-765
Decision Date | 20 August 1987 |
Docket Number | No. 22S04-8708-CV-765,22S04-8708-CV-765 |
Citation | 511 N.E.2d 1024 |
Parties | 3 IER Cases 998 Jay H. ROMACK, Appellant (Plaintiff Below), v. PUBLIC SERVICE COMPANY OF INDIANA, Appellee (Defendant Below). |
Court | Indiana Supreme Court |
This case is before us on petition to transfer from the Court of Appeals which summarized the issues and facts as follows.
Jay H. Romack appeals the trial court's entry of summary judgment in favor of Public Service Company of Indiana, Inc. (PSI) on Romack's claims of fraud, constructive fraud, negligent misrepresentation, retaliatory discharge and denial of due process. Romack makes the following arguments on appeal:
1) The trial court erred when it refused to consider his supplemental affidavit in ruling on his motion to correct errors;
2) His discharge was unlawful because it violated an enforceable oral contract of employment which could not be terminated "at will" by PSI.
3) Summary judgment was inappropriate on the wrongful discharge claim because his discharge was in retaliation for the performance of a statutory right or duty;
4) The trial court erred in granting PSI's motion for summary judgment because the pleadings and evidence supported a cause of action under theories of fraud, constructive fraud, negligent misrepresentation and denial of due process; and
5) Material issues of fact existed which precluded the entry of summary judgment on his various claims.
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In 1977, Romack applied for the position of Corporate Security Manager at PSI but did not receive the position. However, two years later, PSI contacted Romack concerning an available position. At that time, Romack was a Captain of the Indiana State Police with twenty-five years of service to his credit. Romack informed PSI that he had "permanent employment" with the State Police and would not consider leaving his position there unless the new job offered the same "permanency" of employment, advancement and benefits. An employee of PSI told Romack that if he came to work for PSI, he would have "such permanent employment." With these assurances, Romack terminated his employment with the Indiana State Police and began working for PSI on September 24, 1979 as an Operations Security Supervisor at the Marble Hill Nuclear Generating construction site.
As a result of his employment with PSI, Romack purchased a house trailer and rented a tract of land near his place of employment. Later, Romack purchased a home in that locality and moved his family to the area. PSI requested that Romack take this action so he...
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