Dube v. Simard

Terrio v. Millinocket Community Hospital
379 A.2d 135 (Me. 1977) Cited 29 times
Motion for summary judgment
In Terrio we held that the employer's oral promises that the plaintiff was secure in her job for "the rest of [her] life" and that she would be employed until "normal retirement age," because made "in the context of [the employee's] long service in a position of substantial responsibility (from which she would normally have retired in less than seven years), provided the critical evidentiary support for her contract claim."
Also, there was sufficient evidence, even though in dispute, to justify the jury's finding that the Hospital committed a breach thereof, entitling Mrs. Terrio to contract damages. Dube v. Simard, 124 Me. 369, 129 A. 488 (1925); Winship v. Portland League Base Ball and Athletic Ass'n, 78 Me. 571, 7 A. 706 (1887); Miller v. Goddard, 34 Me. 102 (1852). The Hospital asserts that prejudicial error resulted from the refusal of the presiding justice to grant eight requested jury instructions, and further objects to the charge as given. Specific requests for instructions must be seasonably presented to the court at the close of all the evidence and prior to the judge's charge to the jury in order to preserve for appellate review the issue of whether the requested instructions should have been given. Rule 51(b), M.R.Civ.P.; Simmons v. State, 234 A.2d 330, 331-32 (Me. 1967).