Armstrong v. Clarkson College
297 Neb. 595
| Neb. | 2017Background
- Armstrong was a Clarkson College CRNA student who completed didactic work and began clinical rotations; after attending an AANA conference she was placed on clinical probation and later administratively withdrawn when her primary clinical site (UNMC) refused to accept her back.
- Clarkson’s CRNA and student handbooks contain disclaimers that some materials are noncontractual; Clarkson staff testified the school had a contractual obligation to provide clinical placement, but the handbook language supported an implied-in-fact contract determination by the jury.
- After UNMC and other affiliated clinical sites declined to take Armstrong following the probation, Clarkson administratively withdrew her rather than dismiss her, which left her unable to complete the program.
- Armstrong sued for breach of contract and won a $1 million jury verdict; Clarkson appealed, arguing (inter alia) directed verdict error, exclusion of plagiarism evidence, and that the district court erred by refusing three jury instructions (impossibility/impracticability, mitigation, and failure to exhaust the grievance procedure as a condition precedent).
- The Nebraska Supreme Court affirmed denial of directed verdict (jury could find Clarkson breached an ongoing duty to secure a clinical site and that academic deference did not apply to Clarkson’s failure to provide a site), upheld exclusion of plagiarism evidence, rejected Clarkson’s impossibility and mitigation instruction claims, but held the court erred by refusing Clarkson’s instruction that Armstrong’s failure to exhaust Clarkson’s mandatory grievance procedure could be a condition precedent to suit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether directed verdict for Clarkson was required (academic deference/arbitrary & capricious standard) | Armstrong: jury could find Clarkson breached by failing to provide clinical site; academic deference not applicable to that failure | Clarkson: academic decisions entitled to deference; no arbitrary or capricious conduct shown | Denied for Clarkson; jury could reasonably find breach based on failure to provide clinical placement (no deference for that act) |
| Admissibility of prior alleged plagiarism evidence | Armstrong: highly prejudicial, little probative value | Clarkson: plagiarism was part of res gestae explaining discipline | Admission properly excluded under Neb. Evid. R. 403; trial court did not abuse discretion |
| Impracticability/impossibility defense (jury instruction) | Clarkson: clinical sites’ refusals made performance impossible | Armstrong: difficulty foreseeable; Clarkson could have attempted other remedies | Instruction refusal affirmed; doctrine not warranted because event was foreseeable and Clarkson failed to exhaust contractual remedies |
| Failure to mitigate damages (jury instruction) | Clarkson: Armstrong should have reapplied or attended another CRNA program | Armstrong: mitigation would require starting over, relocation, and unaffordable expense | Instruction refusal affirmed; evidence showed mitigation would be unreasonable or impossible for Armstrong |
| Failure to exhaust internal grievance (condition precedent instruction) | Clarkson: grievance policy was mandatory and must be exhausted before suit | Armstrong: exhaustion doctrine inapplicable to private college or grievance not mandatory/available | Reversed: district court erred by refusing instruction; jury must decide whether grievance was a contractual term and whether exhaustion was excused |
Key Cases Cited
- Winder v. Union Pacific R.R. Co., 296 Neb. 557, 894 N.W.2d 343 (review standards for directed verdict)
- Doe v. Board of Regents, 283 Neb. 303, 809 N.W.2d 263 (academic deference in university disciplinary/contract claims)
- McGuire v. Continental Airlines, Inc., 210 F.3d 1141 (10th Cir.) (internal grievance exhaustion required against private employer)
- Neiman v. Yale University, 270 Conn. 244, 851 A.2d 1165 (mandatory internal academic grievance procedures must be exhausted)
- Lucero v. UNM Bd. of Regents, 278 P.3d 1043 (N.M. Ct. App.) (exhaustion of handbook grievance required before suit)
- Turbines Ltd. v. Transupport, Inc., 285 Neb. 129, 825 N.W.2d 767 (doctrine of impracticability of performance)