Stewart v. Cendant Mobility Services Corp.

• Decision Date: 23 December 2003
• Docket Number: (SC 16913).
• Citation: 267 Conn. 96,836 A.2d 414
• Court: Connecticut Supreme Court
• Parties: ELIZABETH M. STEWART v. CENDANT MOBILITY SERVICES CORPORATION

267 Conn. 96

836 A.2d 414

ELIZABETH M. STEWART v. CENDANT MOBILITY SERVICES CORPORATION

(SC 16913).

Supreme Court of Connecticut.

Argued May 22, 2003.

Officially released December 23, 2003.

Borden, Norcott, Katz, Palmer and Vertefeuille, Js. A. Robert Fischer, with whom were William J. Anthony and, on the brief, James F. Shea, for the appellant (defendant).

Scott R. Lucas, with whom was Mary Alice S. Canaday, for the appellee (plaintiff).

Opinion

PALMER, J.

This appeal arises out of an action brought by the plaintiff, Elizabeth M. Stewart, against the defendant, Cendant Mobility Services Corporation (Cendant), her former employer, for damages resulting from Cendant's allegedly wrongful termination of her employment. Following a trial, a jury returned a verdict in part for the plaintiff, finding in her favor on her claims of promissory estoppel and negligent misrepresentation and awarding her $850,000 on those claims.¹ The trial court rendered judgment in accordance with the jury verdict from which Cendant appeals.² On appeal, Cendant claims that the evidence was insufficient to support the jury's verdict. We conclude that there was sufficient evidence from which the jury reasonably could have found for the plaintiff on her promissory estoppel claim. Because the jury's award of $850,000 is sustainable on the basis of that claim alone,³ we need not reach Cendant's claim that the evidence was insufficient to support the jury's verdict with respect to the plaintiff's negligent misrepresentation claim. Accordingly, we affirm the judgment of the trial court.

The jury reasonably could have found the following facts. The plaintiff and her husband were employed by Cendant, which provides relocation services to domestic and international corporations and their employees. Among other things, Cendant assists its corporate clients in finding new homes for their relocating employees and in selling those employees' old homes. The plaintiff worked in the sales division and was considered one of the top producers in the relocation services industry. The plaintiff's husband was an executive in the operations division at Cendant.

In April, 1998, Cendant underwent a major corporate reorganization. Soon thereafter, Cendant terminated the plaintiff's husband from employment. At the time of her husband's termination, the plaintiff held the position of vice president of sales.

Because the plaintiff believed that her husband was likely to seek employment with one of Cendant's competitors in the relocation services field, she spoke with James Simon, Cendant's executive vice president of sales and the plaintiff's immediate supervisor, about the matter shortly after her husband's termination. The plaintiff explained to Simon that she was concerned about how her employment with Cendant might be affected if her husband ultimately accepted a position with a competitor. Simon told the plaintiff that she should not be concerned and that her husband's reemployment in the relocation services business would have no bearing on her employment with Cendant. Simon further represented to the plaintiff that Kevin Kelleher, Cendant's president and chief executive officer, also wished to assure the plaintiff that she had no reason to be concerned about her continued status as a highly valued employee in the event that her husband were to become associated with a competitor. On the basis of Simon's assurances, the plaintiff continued in her position with Cendant and did not pursue other employment opportunities.

On or about March 5, 1999, Cendant learned that the plaintiff's husband was performing consulting services for a competing firm. Upon obtaining this information, Cendant reduced the plaintiff's duties and limited her interaction with clients. Cendant also requested that the plaintiff verbally agree to the provisions of a document drafted by Cendant that purported to delineate her obligations to Cendant in relation to her husband's work on behalf of any competitor of Cendant. On June 11, 1999, Cendant allegedly terminated the plaintiff's employment when she declined to agree to the provisions of that document.

Thereafter, the plaintiff commenced this action against Cendant. In count one of her complaint, the plaintiff alleged that her conversation with Simon gave rise to an oral contract of employment and that her discharge by Cendant constituted a breach of that contract. In count two, the plaintiff claimed that her discharge violated an implied covenant of good faith and fair dealing. In count three, which is predicated on a theory of promissory estoppel, the plaintiff alleged that she had relied to her detriment on Simon's promise that her employment with Cendant would not be affected adversely by her husband's probable future employment with a competitor. In count four, the plaintiff asserted a claim of negligent misrepresentation, alleging that Simon's statements were false and that she had relied on those statements to her detriment.

Following a trial, the jury returned a verdict in favor of Cendant with respect to the plaintiff's claims of breach of contract and breach of an implied covenant of good faith and fair dealing. The jury returned a verdict in favor of the plaintiff with respect to her claims of promissory estoppel and negligent misrepresentation and awarded her $850,000.⁴ Cendant filed motions to set aside the verdict and for judgment notwithstanding the verdict on the promissory estoppel and negligent misrepresentation claims, contending that the evidence was insufficient to support the jury's verdict in favor of the plaintiff on those claims. The trial court denied Cendant's postverdict motions and rendered judgment in accordance with the jury's verdict, from which Cendant appealed.

On appeal, Cendant challenges the trial court's denial of its motions to set aside the verdict and for judgment notwithstanding the verdict. Cendant renews its contention that the evidence was insufficient to support the jury's verdict with respect to the plaintiff's promissory estoppel claim. Cendant's contention is essentially twofold. First, Cendant claims that its purported promise to the plaintiff lacked the requisite clarity and definiteness necessary to establish promissory estoppel. Second, Cendant claims that the plaintiff failed to present evidence sufficient to establish that she had relied to her detriment on any such promise. We reject both of these claims and, therefore, affirm the judgment of the trial court inasmuch as the jury award of $850,000 is sustainable on the basis of the plaintiff's promissory estoppel claim. Because the jury awarded the plaintiff $850,000 in damages on each of her claims of promissory estoppel and negligent misrepresentation; see footnote 1 of this opinion; we need not address Cendant's claim that the evidence was insufficient to support the jury's verdict with respect to the plaintiff's negligent misrepresentation claim.

Before addressing the merits of Cendant's claims, we set forth the applicable standard of review. "The standard for reviewing the denial of motions to set aside the verdict and for judgment notwithstanding the verdict on evidentiary grounds is clear. Our review of the trial court's [decision to deny the motions] requires us to consider the evidence in the light most favorable to the prevailing party, according particular weight to the congruence of the judgment of the trial judge and the jury, who saw the witnesses and heard their testimony.. . . The verdict will be set aside and judgment directed only if we find that the jury could not reasonably and legally have reached [its] conclusion." (Internal quotation marks omitted.) Suarez v. Dickmont Plastics Corp., 242 Conn. 255, 277, 698 A.2d 838 (1997). With this standard of review in mind, we turn to Cendant's challenge to the evidentiary sufficiency of the plaintiff's promissory estoppel claim.

I

Cendant first contends that the jury reasonably could not have found that Simon's representations to the plaintiff were sufficiently clear and definite to constitute a promise for purposes of a claim of promissory estoppel. We disagree.

The following additional evidence and procedural history are necessary to our resolution of this issue. On direct examination, the plaintiff testified that, after her husband was fired, she became concerned that his termination and likely reemployment in the relocation services industry adversely would affect her employment with Cendant. The plaintiff testified that she "specifically asked [Simon] what would happen [to her] if [her husband competed] in the industry." According to the plaintiff, Simon replied that "he had absolutely no concerns about [her husband] entering the marketplace." The plaintiff also testified that Simon told her that "he had tremendous respect for both [the plaintiff] and [the plaintiff's husband and] that [they] had a lot of integrity." The plaintiff testified further that Simon told her that "[h]e had trust and faith in [her] and in [the plaintiff's husband] and he knew that [they] would be able to keep [their] lives separate and [that] he had absolutely no concerns about [her husband] entering the marketplace." According to the plaintiff, Simon "said that he would talk to [Kelleher] on her behalf . . . [and] assured [her] that this was not going to be a problem and that [she] was a highly valued employee and there was nothing to worry about."

The plaintiff further explained that Simon thereafter reported to her that "he had spoken to [Kelleher] about [her] concerns and that [Kelleher] wanted [Simon] to assure [her] that [she] was very highly valued, that [she] was an integral part of the company, [that] he had tremendous respect for [her] integrity and [that] there were no problems whatsoever with [the plaintiff] continuing the job in the event [that her husband] competed." On cross-examination, the plaintiff acknowledged that when she and Simon spoke, they...