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MARY ALICE PRESNELL
vs.
JOE A. PELL JR.; CLINTON W. MOSELEY;GROVER W. HANES JR.; JAMES R. MARION; CLAUDE V. AYERS; FRED A. HOLDER; BILLY SMITH; DOYLE KEY; TALMAGE CROUSE; JAMES S. NIXON; Individuals and SURRY COUNTY BOARD OF EDUCATION; DENNIS SMITHERMAN Individually and as PRINCIPAL OF MOUNTAIN PARK ELEMENTARY SCHOOL; and CHARLES C. GRAHAM Individually and as the SUPERINTENDENT OF SURRY COUNTY SCHOOL SYSTEM
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Issues:
Private right of action, evidence, due process, wrongful discharge.
Case Summary:
A dismissed elementary school employee appeals a lower court's decision to dismiss her suit against the school board. School officials terminated Mary Alice Presnell, a cafeteria worker, for allegedly providing liquor to a school work crew. The school's principal initiated disciplinary action against Presnell without informing her. The school board acted on his recommendation to terminate her employment without providing Presnell an opportunity to defend herself. The principal then published the board's decision. Presnell filed suit, charging the principal and the school board with wrongful discharge and defamation.
Decision of lower jurisdiction:
A superior court judge dismissed Presnell's case, ruling she failed to adequately state her claim. Presnell now appeals.
Outcome:
Presnell wins. The North Carolina Supreme Court reversed the lower jurisdiction's ruling concerning Presnell's complaint of wrongful discharge. However, the supreme court affirmed the lower court's decision to dismiss Presnell's defamation complaint. The supreme court remanded the case for appropriate action.