Paula M. Crozier, appellant,
Brownell-Talbot School, A Nebraska Nonprofit Corporation, Appellee.
Summary Judgment: Appeal and Error. An
appellate court will affirm a lower court's grant of
summary judgment if the pleadings and admissible evidence
offered at the hearing show that there is no genuine issue as
to any material facts or the ultimate inferences that may be
drawn from those facts and that the moving party is entitled
to judgment as a matter of law.
___. In reviewing a summary judgment, an appellate court
views the evidence in the light most favorable to the party
against whom the judgment was granted and gives that party
the benefit of all reasonable inferences deducible from the
Contracts. Whether a contract is ambiguous
is a question of law.
Appeal and Error. An appellate court
resolves questions of law independently of the conclusions
reached by the trial court.
Contracts: Words and Phrases. A contract is
ambiguous when a word, phrase, or provision in the contract
has, or is susceptible of, at least two reasonable but
conflicting interpretations or meanings.
Contracts. When a court has determined that
ambiguity exists in a document, an interpretative meaning for
the ambiguous word, phrase, or provision in the document is a
question of fact for the fact finder.
Contracts: Parol Evidence. A written
instrument is open to explanation by parol evidence when its
terms are susceptible to two constructions or where the
language employed is vague or ambiguous.
Contracts: Juries: Courts. When the terms of
a contract are in dispute and the real intentions of the
parties cannot be determined from the words used, the jury,
and not the court, should determine the issue from all the
facts and circumstances.
Neb.App. 2] 9. Contracts: Summary Judgment.
When it is established that a contract is ambiguous, the
meaning of its terms is a matter of fact to be determined in
the same manner as other questions of fact which preclude
Termination of Employment. Unless
constitutionally, statutorily, or contractually prohibited,
an employer, without incurring liability, may terminate an
at-will employee at any time with or without reason.
Employment Contracts: Termination of Employment: Good
Cause. A contract for employment for a defined term
cannot lawfully be terminated prior to the expiration of that
term without good cause.
Termination of Employment: Good Cause: Words and
Phrases. "Good cause" for an
employee's dismissal is that which a reasonable employer,
acting in good faith, would regard as good and sufficient
reason for terminating the employee's services, as
distinguished from arbitrary whim or caprice.
Termination of Employment: Good Cause.
Whether good cause existed for discharging an employee is a
question of fact.
Trial: Evidence. Where the facts are
undisputed or are such that reasonable minds can draw but one
conclusion therefrom, a question can be determined as a
matter of law.
from the District Court for Douglas County: Kimberly Miller
Pankonin, Judge. Reversed and ...