BARBARA LUCINDA SAWYER, APPELLANT v. MELBOURNE MILLS, JR., APPELLEE, 295 S.W.3d 79

Summary

The employee recommended that the attorney pursue a class action against a drug manufacture. Shortly before settling the case for a substantial fee, the attorney assented to pay the employee more than a million dollars over a 10-year period. While the attorney made some payments, the employee filed a breach of contract action when he ceased payment. Although the jury returned a verdict in her favor, the circuit court entered a JNOV, and the court of appeals affirmed. On review, the court held that the contract was unenforceable under the statute of frauds, Ky. Rev. Stat. Ann. § 371.010, because it was not to be performed within one year and there was no signed agreement. Further, that the employee's performance was completed before the agreement to pay rendered the agreement unenforceable because past consideration was insufficient to support a promise. In addition, promissory estoppel did not apply because there was no reasonable basis upon which to argue that the attorney believed ...