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Brown v. Inter-City Federal Bank for Savings

January 26, 1999

SARA BROWN APPELLANT
v.
INTER-CITY FEDERAL BANK FOR SAVINGS APPELLEE



Before Thomas, P.j., Diaz, And Southwick, JJ.

The opinion of the court was delivered by: Diaz, J.

DATE OF JUDGMENT: 05/29/97

TRIAL JUDGE: HON. JOSEPH H. LOPER JR.

COURT FROM WHICH APPEALED: WINSTON COUNTY CIRCUIT COURT

NATURE OF THE CASE: CIVIL - OTHER

TRIAL COURT DISPOSITION: SUMMARY JUDGMENT GRANTED IN FAVOR OF APPELLEE.

AFFIRMED

¶1. Sara Brown appeals the lower court's grant of summary judgment in favor of the appellee, Inter-City Federal Bank for Savings. She argues that the circuit court erred in determining there were no genuine issues of material fact with regard to (1) the breach of her employment contract and (2) her intentional infliction of emotional distress claim. Finding no merit in these assignments of error, we affirm the judgment of the lower court.

FACTS

¶2. Sara Brown began her employment with Inter-City Federal Bank for Savings (hereinafter "Inter-City") in 1972 or 1973. She was promoted to loan officer in 1987 and became branch manager in 1993. During this period of time, Brown reported directly to the bank president, Terry Woods. According to Brown, Woods periodically asked her how old she was and when she was going to retire. He would often remark that the bank needed young people. Brown also maintains that Woods removed her from the main office location in 1993 because he claimed he needed a man to help him. In 1995, Woods terminated Brown's employment with the bank. ¶3. On October 27, 1995, Brown filed a complaint in the Circuit Court of Winston County, alleging intentional infliction of emotional distress and violations of the bank's written personnel policies. Brown also filed a lawsuit in federal court alleging age and sex discrimination. The federal court subsequently dismissed Brown's federal claims and remanded her state law claims to the Winston County Circuit Court. Inter-City then filed its motion for summary judgment. The circuit court granted the motion finding that Brown presented no viable claims against Inter-City. It is from this order that Brown now brings forth her appeal.

DISCUSSION

I. DID THE CIRCUIT COURT ERR IN DISMISSING BROWN'S BREACH OF CONTRACT CLAIM?

ΒΆ4. Sara Brown claims that her employment with Inter-City was terminated in violation of the bank's personnel ...


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