Verni v. Cleveland Chiropractic

Circuit Court of Jackson County, Missouri, Docket #: 00CV-210044

Judge:  Preston Dean

John E. Franke, attorney for defendant.

Type of Claim: Breach of contract, fraudulent misrepresentation, consumer protection, deceptive acts/practices.  Plaintiff enrolled in the Cleveland Chiropractic College degree program in the fall of 1995. Plaintiff claimed to be on schedule to graduate no later than the 1999 fall semester.  As a student, plaintiff received a student handbook at the start of each school year.  The 1998/1999 handbook mandated procedures for disciplining students, including due process procedures. 

In winter 1999, plaintiff was enrolled in a dermatology course taught by defendant Makarov, a member of the college’s teaching faculty.  The day before defendant Makarov’s exam, the College’s Dean of Instruction received an anonymous call and letter, which accused plaintiff of stealing the exam before it was administered.  Plaintiff was ultimately expelled from the College after the completion of its investigation for academic misconduct.  Plaintiff filed an appeal of his dismissal.  Following the college’s determination to uphold his expulsion, plaintiff claimed the College violated its due process procedures in his appeal of the expulsion.  Plaintiff subsequently filed a lawsuit alleging breach of contract, fraudulent misrepresentation, negligence and violation of the state merchandising practices act against the College and defendant Makarov.  The defendants separately denied plaintiff’s claims.

The jury returned a verdict in favor of plaintiff in the amount of $20,000 on his claim for fraudulent misrepresentation against Cleveland Chiropractic College.  The jurors also awarded plaintiff $10,000 on his claim against Makarov for breach of the faculty handbook’s interpersonal relations provisions.

Following trial, the College and Makarov requested judgment notwithstanding the verdict, which was granted in part.  The trial court set aside $20,000 finding against the College on plaintiff’s claim of fraudulent misrepresentation, but upheld the jury verdict against Makarov.

The Missouri Supreme Court upheld the trial court’s decision to set aside the verdict on the fraudulent misrepresentation claim against the College and additionally set aside the breach of contract verdict against defendant Makarov.  Therefore, plaintiff ultimately recovered nothing.