Baker College prevails in dispute over future wage loss.

Byline: Thomas Franz

A Michigan Court of Appeals panel recently ruled in favor of Baker College after a former nursing student filed a breach of contract claim after she was dismissed from the school for alleged disruptive behavior.

In Rolfe v. Baker College (MiLW No. 08-100176, 7 pages), the COA affirmed a Genesee Circuit Court ruling that the plaintiff was not entitled to receive damages related to future wage loss as a result of her dismissal from the school.

Judges Mark T. Boonstra, Patrick M. Meter and Karen M. Fort Hood unanimously affirmed the ruling.

Background

Nichole Rolfe was a nursing student at Baker College. About six months into an 18-month program at Baker, the nursing program director disciplined Rolfe for improper professional behavior.

Rolfe signed a "behavior contract" that would permit her dismissal from the program if she did not improve.

The school later discharged Rolfe for violating that contract by "continuously arguing about a personal belief regarding immunizations," according to the COA's opinion. The school also said that she demonstrated persistent oppositional behavior and disrupted the clinical learning environment.

Legal action

The plaintiff filed a lawsuit for breach of express or implied contract claims. Following Baker's filing of a motion for summary disposition, Rolfe argued her damages included future wage loss based on the full wages of a professional midwife, $97,700 per year for 30 years.

Meanwhile, Baker filed a motion to restrict damages to the cost of tuition Rolfe had paid to Baker, which was at most $9,270.

The trial court granted summary disposition for the defendant on most of the claims, including breach of "the covenant of good faith and fair dealing," but denied summary disposition regarding plaintiff's claim for breach of the behavior contract.

The trial court also issued an order to limit Rolfe's recoverable damages to the cost of education, and to not include future wage loss.

Before trial, the COA wrote that the parties stipulated to the entry of a final judgment in favor of the plaintiff with regard to the claim that Baker breached the behavior contract, and to the dismissal of plaintiff's other claims with a stipulated damages amount of $15,000 plus a waiver of any remaining debt owed by plaintiff to defendant.

Analysis

Rolfe argued the trial court erred by restricting her damages to the cost of her nursing school education.

The COA panel wrote that Rolfe argued that she...