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Goot v. Metropolitan Government of Nashville and Davidson County11/9/2005
nner, and, therefore, (4) that each spouse would have received the maximum $50,000 benefit rather than the $7,500 they actually received had the Metropolitan Government fulfilled its obligation to provide their spouses with "full information" regarding the waiver of premium provision in a timely manner. No speculation is needed to arrive at the conclusion that the surviving spouses had been damaged by approximately $42,500 by virtue of the Metropolitan Government's alleged breach of the employment contract. This evidence is sufficient to withstand the directed verdict and to place the burden on the Metropolitan Government to prove (1) that the surviving spouses' understanding of the terms of the waiver of premium provision was incorrect, (2) that the employee spouses were too old to qualify for the waiver of premium benefit, (3) that the employee spouses were not disabled enough to qualify for the waiver of premium benefit, or (4) that the employee spouses' salaries were too low to qualify them for the maximum $50,000 benefit.
VII.
In summary, we affirm the dismissal of all surviving spouses' intentional tort claims and Mr. Reese's breach of contract claim. We reverse the summary judgment dismissing Ms. Jackson's breach of contract claim, as well as the directed verdict dismissing the breach of contract claims of Mmes. Goot, Taylor, and Duke. We remand the cases to the trial court for further proceedings consistent with this opinion, and we tax the costs of this appeal to the Metropolitan Government of Nashville and Davidson County.
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