Salus Populi Suprema Lex Esto
Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Case Style: John Rickert v. United Parcel Service
Case Number: 92-CI-251, 95-CA-1288-MR & 95-CA-1464-MR
Judge: Edwin A. Schroering, Jr.
Court: Circuit Court, Jefferson County, Kentucky
Defendant's Attorney: Tony C. Coleman of Westfall, Talbott & Woods, Louisville, Kentucky; D. Patton Pelfrey, Winston E. Miller, and Charles B. Allen III of Brown, Todd & Heyburn, Louisville, Kentucky PLLC, Louisville, Kentucky
Description: In 1987, United Parcel Service Company and United Parcel Service of America, Inc., hereinafter referred to as "UPS", decided to change its parcel delivery business by establishing its own airline. The transition from contract air cargo carriers to an internal air transport system was not completed until the end of 1988. UPS ultimately hired 811 pilots. During the transition, UPS expressed its desire to hire pilots who remained throughout that period with its contract carriers, including Orion Air, which employed Rickert. Orion ceased operation after the UPS transition. Rickert, a captain with Orion, was not hired by UPS but did obtain employment in the spring of 1989 in a less lucrative position as a second officer with American Airlines.
In his suit, Rickert alleged damages flowing from the breach
of contract, promissory estoppel and fraud by UPS based on
promises purportedly made by an unnamed UPS management
representative in a September 1987 meeting attended by Rickert
and 50 to 75 other Orion pilots. During the three-week
Outcome: Directed verdict for defendants on plaintiff's breach of contract claim and jury awarded Rickert $746,516 in compensatory damages and $2 million in punitive damages.
Plaintiff's Experts: Unknown
Defendant's Experts: Unknown
Comments: Affirmed by the Supreme Court of Kentucky on April 22, 1999. The date shown above is the date of the appellate court decision and not the trial date.