national publications, i.e., sources other than plaintiff.
It is well to note that Mathews did not feel that plaintiff had been responsible for any leak of confidential business information or that she had engaged in any meretricious affair with Nicholas. Plaintiff's termination of employment was a matter of her own choosing as indicated on her termination papers. She in fact collected unemployment compensation for a period of twenty weeks, assigning as her reason for leaving Mathews as being her "erratic attendance."
Because no defamatory statements were made by defendants, there is no basis for fixing damages. Moreover, the conclusion is compelled that plaintiff was not discharged but determined to quit her job for personal reasons. Whether these reasons were in fact due to inability to resolve differences over the use of transcribing equipment, as contained in Mathews' personnel records for plaintiff, or were because of erratic attendance, as reflected on her application for unemployment benefits, there can be no certainty. However, it has been established that plaintiff could have continued at Mathews, albeit in a different capacity, but simply decided not to do so. In view of this decision, no conclusion was ever reached regarding what new position or salary plaintiff might receive. Furthermore, no damages can be attributed to plaintiff's loss of various fringe benefits, including such items as pension benefits, stock purchase rights, and life insurance benefits, since these benefits were withdrawn voluntarily by plaintiff or as a direct consequence of her decision to quit her job.
In view of the foregoing, it is the considered opinion of the Court that Judgment should be entered in favor of the defendants in this proceeding.
Findings of fact and conclusions of law have not been separately stated but are included in the body of the foregoing opinion as specifically authorized by Rule 502(a) of the Federal Rules of Civil Procedure.
An appropriate Order is entered.
And now, this 7th day of May, 1974, Judgment is hereby entered in favor of defendants, Harry K. Nicholas, Herbert Davis, and Eureka Memorials, Inc., and against plaintiffs, Florence M. Sheppard and Francis W. Sheppard, together with costs.
© 1992-2004 VersusLaw Inc.