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Benson v. McMillan

Evidence supported the trial court's finding that an employee negligently caused her former employer $10,995 in damages when she failed to prepare her employer's tax information for 3-4 years.

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Nora Benson appeals a judgment entered after a bench trial. Benson contends that the trial court erred in finding her liable for damages to her former employer and by deciding her claim on a promissory note was not timely. We find no error and affirm. Less than ten days after resigning from Ultralite Enterprises, Inc. Ultralite, Benson sued Ultralite and its president and sole shareholder, William McMillan, in magistrate court for breach of contract to obtain $7,500 in salary. Benson attached a demand letter dated October 25, 2000 to her complaint, in which she threatened legal action on a promissory note. The demand letter, which was not sent, sought $123,539.64 on the note. McMillan and Ultralite answered, counterclaimed, and moved to transfer the case to state court. Ultralite and McMillan counterclaimed for breach of fiduciary duty and negligence, fraudulent misrepresentation and concealment, and breach of contract. McMillan separately asserted two additional breach of contract claims relating to automobiles as well as claims for conversion, negligent damage to property and a claim for quantum meruit “for substantial repairs and work at Plaintiff’s residence.”

After the case was transferred, Benson amended her complaint to add a claim for the balance purportedly due on the promissory note. She alleged that as of June 21, 2001, McMillan owed her $130,634.32.

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