Bruner v. University of Southern Mississippi
Mississippi Supreme Court
501 So. 2d 1113 (1987)
- Written by Jennifer Flinn, JD
Facts
Jerry Bruner (plaintiff) applied for an assistant football coach position at the University of Southern Mississippi (defendant). Bruner met with the university’s head football coach, Jim Carmody, the university’s president, Dr. Aubrey Lucas, and the university’s athletic director, Roland Dale. According to Bruner, Carmody offered him the job, leading Bruner to withdraw his name from other vacant coaching positions. Thereafter, Bruner received keys to an automobile and an administrative office from Carmody and was provided access to game film. Bruner and his family also began moving from Texas to Mississippi. Dale notified Bruner, however, that he should not appear on the practice field before the approval of Carmody’s recommendation by the Mississippi Board of Trustees of State Institutions of Higher Learning (the board), which, according to state law, has the sole authority to offer employment contracts on behalf of state universities. Dale also told Bruner that Bruner could return to Texas to await the board’s approval. Days later, Dale notified Bruner that he did not receive the job. Though both Dale and Carmody had recommended Bruner for the job, Lucas did not make that recommendation to the board. The board never approved Bruner for the job or offered him a contract. Bruner filed a lawsuit against the university, the board, Lucas, Dale, and Carmody. The trial court granted directed verdicts in favor of the university, the board, Lucas, and Dale. A jury returned a verdict in favor of Carmody. Bruner appealed, arguing, among other things, that the trial court should not have granted a directed verdict in favor of the university because Carmody had the apparent authority to offer an employment contract on behalf of the university.
Rule of Law
Issue
Holding and Reasoning (Griffin, J.)
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