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Ford Clinic Inc. v. Potter

Plaintiff had no cause of action for wrongful termination, because to the extent the parties had a contract, it was either for two years and barred by the statute of frauds or for an indefinite period and terminable at will.

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William Potter, III sued Ford Clinic, Inc. for alleged breach of an oral employment contract. Ford Clinic moved for summary judgment, which was denied by the trial court. We granted interlocutory review of the summary judgment denial. Because any alleged oral contract was either for two years and barred by the statute of frauds or for an indefinite period of time and terminable at will, we reverse the trial court’s order denying Ford Clinic’s motion for summary judgment.

On appeal of the grant of summary judgment, this court applies a de novo review of the evidence to determine whether any question of material fact exists.1 Summary judgment is appropriate where the moving party can show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.2 A defendant meets this burden by “showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case. . . All of the other disputes of fact are rendered immaterial.”3

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