Carolinas Verdicts

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English professor said his firing was a breach of contract

Amount:

$600,000

Type:

Verdict-Plaintiff

State:

South Carolina

Venue:

Abbeville County

Court:

Abbeville County, Court of Common Pleas, Abbeville

Injury Type(s):

mental/psychological-emotional distress

Case Type:

Contracts – Breach of Contract; Employment – Employment Agreement, Wrongful Termination; Intentional Torts – Intentional Infliction of Emotional Distress

Case Name:

William Crenshaw v. Erskine College and David A. Norman, President,
No. 2012CP0100158

Date:

June 11, 2015

Parties

Plaintiff(s):

William Crenshaw (Male, 66 Years)

Plaintiff Attorney(s):

Robert Jamison Tinsley Jr.;
Tinsley & Tinsley, PC;
Greenwood,
SC,
for
William Crenshaw ■ Robert J. Tinsley Sr.;
Tinsley & Tinsley, PC;
Greenwood,
SC,
for
William Crenshaw

Defendant(s):

David Norman, 

Erskine College

Defense Attorney(s):

Leland Grant Close III;
Ford & Harrison, LLP;
Spartanburg,
SC,
for
David Norman, Erskine College ■ Thomas H. Keim Jr.;
Ford & Harrison, LLP;
Spartanburg,
SC,
for
David Norman, Erskine College ■ David Hampton Tyner;
Ford & Harrison, LLP;
Spartanburg,
SC,
for
David Norman, Erskine College

Facts:

In September 2011, plaintiff William Crenshaw, a tenured English professor, was terminated by defendant Erskine College after 35 years of employment. He alleged wrongful termination and breach of contract. Crenshaw filed suit against Erskine College and its president, David A. Norman, alleging breach of contract, wrongful termination and intentional infliction of emotional distress. Crenshaw argued there was no cause to terminate him and that he was not afforded due process rights under his employment contract. The court granted a directed verdict to the defendant on the claim for intentional infliction of emotional distress. The case then proceeded on the breach of contract and wrongful termination claims. The termination occurred in response to a medical emergency suffered by a student in Crenshaw’s class. According to Crenshaw, who had served as a paramedic, a female student became ill and showed signs of a concussion. He informed the dean that she should call an ambulance. His instructions to call an ambulance allegedly triggered tensions in the college, as the college’s athletic trainers argued that Crenshaw should have called them to the scene, rather than an ambulance. As a result, the college claimed Crenshaw violated procedures and policies of the college, which resulted in his termination. In response, Crenshaw maintained that he had taken reasonable measures to help a student and that calling an ambulance was not an adequate cause to fire him. The college denied any contractual violations. The defense argued that Crenshaw violated the procedures and policies of the college by not utilizing its athletic training staff to treat the student. Moreover, the defense contended that the college had just cause to fire Crenshaw and followed proper procedures to do so.

Injury:

Crenshaw sought damages for lost wages and benefits. He maintained that he was unable to find another teaching position and that he attempted to mitigate his damages. The defense contended that Crenshaw was properly terminated and that no damages were due or owing. Further, the defense argued that Crenshaw could have found other employment and failed to mitigate his damages.

Result:

The jury found that the plaintiff did not violate his obligations under his employment contract and that the defendant violated its employment agreement with Crenshaw. The jury determined that the plaintiff’s damages totaled $600,000.

Trial Information:

Judge:

Eugene C. Griffith Jr.

Trial Length:

4
 days

Trial Deliberations:

2
 hours

Jury Composition:

12 jurors

Post Trial:

Defendants’ post-trial motions were pending at the time of publication.

Editor’s Comment:

This report is based on information that was provided by plaintiff’s counsel. Defense counsel did not respond to a request for comment.