Schultz v. The Los Angeles Dons, Inc.

238 P.2d 73 (1951)

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Nature of the Case

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Facts

P had been a professional football player for seven years. During the 1946 or 1947 football seasons, while playing with the Los Angeles Rams, he was partially incapacitated from a back injury. On June 28, 1948, P was examined D's physician, and given a clean bill of health. On July 14, 1948 (12 days after the execution of the contract) he was examined by another physician on behalf of D who certified that P was in excellent condition and there were no symptoms of previous back injury. Between July 14th and July 18th P engaged in the regular training activities. On July 18th P developed a pain in the back of his leg and numbness in his foot which greatly interfered with his attempts to run and he immediately reported his condition to the team trainer and team head coach. The trainer gave P treatments to alleviate the condition but with little or no success. P was examined by three orthopaedic specialists who, after examination, reported to D that P was suffering from a herniated disc in his lower back and sometime prior to August 12th informed D that it would be very dangerous for him to attempt to play football. Between July 18th and August 12th P reported for practice in proper attire but was not able to engage in the more strenuous activities and was not taken with the team on August 8th when it went to another city to engage in a practice game. D terminated P's contract. Prior to this, on August 12th, Coach Phelan suggested to P that he see another orthopaedic specialist named Dr. Billig. Dr. Billig found him to be suffering from sciatic neuritis and under the doctor's treatment his condition rapidly improved. On August 23d Dr. Billig released him to resume his activities as a football player and on September 23d discharged him as fully recovered without fear of recurrence. P attempted to have himself reinstated and allowed to perform his contract. D refused both requests. P tried to secure employment with some of the other clubs without success. On September 25th P's attorney, by letter, declared the disability was sustained by P while acting in the service of D and that P was then ready, able and willing to perform under the contract. D paid P $500 but refused to reinstate P. On October 25th P sued D. The court found that D did not terminate the contract for 'good and sufficient reason or cause.' P was awarded $7,500. D appealed.