Haggard

Haggard v. Kimberly Quality Care, Inc.

Good Law
1995 Cal. App. LEXIS 1026·39 Cal. App. 4th 508·46 Cal. Rptr. 2d 16·95 Daily Journal DAR 14248·95 Cal. Daily Op. Serv. 8281
Court of Appeal of CaliforniaSeptember 27, 1995H012194California4,883 words

Opinion

Opinion

Cottle, J.

Plaintiff Cynthia Haggard alleged that Kimberly Quality Care, Inc., and Kimberly Home Health Care, Inc. (collectively KQC) breached an implied contract to terminate her employment only for cause, and that KQC and certain employees discriminated against her on the basis of disability. A jury awarded plaintiff damages of $250,000 on her breach of contract claim, but no recovery on her disability discrimination claim. KQC appeals from the portion of the judgment relating to the implied contract claim, contending that the trial court erred in admitting evidence to contradict the terms of a written employment contract. Plaintiff cross-appeals from the portion of the judgment relating to her disability discrimination claim, raising issues relating to the statute of limitations and jury instructions. We reverse the portion of the judgment relating to the implied contract claim, and affirm the portion of the judgment regarding the disability discrimination claim.

Due to the distinct nature of the claims made by each party on appeal, we will summarize the factual background regarding the appeal and cross-appeal separately.

I. KQC’s Appeal

A. Factual Background Regarding…

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