HANDICAPPED CHILDREN'S EDUCATION BOARD V. LUKASZEWSKI
112 Wis. 2d 197, 332 N.W. 2d 774 (1983)
NATURE OF THE CASE: Handicapped (P), school board, brought a breach of contract action
against Lukaszewski (D), teacher. The trial court awarded damages in favor of P and D
appealed. The Court of Appeals affirmed the trial court's determination that D breached her
contract, but reversed the damage award. P petitioned for review.
FACTS: Handicapped (P) hired Lukaszewski (D) to be a speech and language therapist for
its spring term. D accepted a contract to continue for the next school year at $10,760 per
year. In August prior to the beginning of that school year D accepted a job with the Wee
Care Day Care Center for $13,000 per year. D notified P by a letter of resignation submitted
to the board or directors. The board refused to release D and notified D to return to work.
An attorney representing P also sent a letter threatening to sue Wee Care if they interfered
in the P-D contract. D resented what was done to her and returned to work at P but
begrudgingly. D was then examined by a doctor who indicated that D had a hypertension
problem dating back prior to her employment with P. D then resubmitted her resignation for
health reasons. D then hired a replacement for $1,026.64 per year more than D. P then sued D
for breach. The verdict went to P for $1249.14. D appealed and that court reversed the
damages award in that the teacher hired was more experienced than D and therefore no damages
occurred. P then appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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