Ames v. Continental Casualty Co.

I respectfully dissent. In my view, Ames should survive the summary judgment, based on this record, and be allowed to present two issues of disputed fact to the jury: was he wrongfully discharged by his employer, and was he entitled to be paid severance pay upon termination? True, Ames had no written contract. But he clearly had an oral contract which was mutually honored and performed for a period in excess of seven years.

In his affidavit filed in opposition to the summary judgment motion, Ames said he had been told he would be entitled to severance pay and other benefits, as spelled out in…