Deli v. University Of Minnesota

578 N.W.2d 779 (1998)

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Nature of the Case

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Facts

Deli (P) was the head coach of the University of Minnesota (D) women's gymnastics team from 1973-92. Her husband worked as an assistant coach from 1976-92. P and her husband videotaped the team's performance using D's equipment. P’s husband then decided that they would use the same equipment and videotape their own sexual performance in their hotel room after a competition. On the airplane home, one of the team members asked to view the videotape of her performance, and P's husband gave her the tape. Before P could recover the tape, several students and another assistant coach had watched it. An investigation was conducted. Ps initially said the recording was an accident, but it was discovered that in 1991 other students were given videotape of a UCLA competition that also included a private competition between Ps. The athletic director asked for the 1992 performance tape and orally promised that she would not view it. The director then sent a memo indicating that if both tapes were not produced, there would be disciplinary measures taken. The 1992 tape was handed over but not the 1991 one as that had been erased. The director then viewed the tape and took notes as per the direction of D's legal counsel. D then discharged P for unrelated reasons. P's challenge to that dismissal was unsuccessful, and the P sued D for breach of contract. D was granted summary judgment. P appealed, it was reversed and remanded, and eventually P got a verdict on her promissory estoppel claim. P was awarded $675,000 in damages for emotional distress. D appealed.