Doherty v. Southern College of Optometry
United States Court of Appeals for the Sixth Circuit
862 F.2d 570 (1988)
- Written by Jennifer Flinn, JD
Facts
James Doherty (plaintiff) suffered from an eye disease and neurological condition that affected Doherty’s vision and motor skills. Doherty was admitted to the Southern College of Optometry (defendant) in 1978. After Doherty was admitted, the college began requiring students to pass a pathology-clinic-proficiency requirement in which students were expected to perform certain techniques with specific instruments. Doherty was provided extra time to meet this requirement but was unable to do so. The college refused to grant a degree to Doherty. Doherty filed a lawsuit against the college, alleging, among other claims, a breach of contract. Specifically, Doherty argued that he should be able to complete the program based on the requirements in the 1978 to 1979 academic catalog, which were in effect when Doherty began the program. Doherty did not argue that he did not have reasonable notice of the clinical-proficiency requirement. A jury returned a verdict in favor of Doherty, and the college appealed.
Rule of Law
Issue
Holding and Reasoning (Kennedy, J.)
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