Thank You For Submiting Feedback!
Superior Court of Pennsylvania
October 15, 1991, Submitted ; March 24, 1992, Filed
NO. 00433 PITTSBURGH 1991
[*359] [**398] The issue is whether a complaint that pleads generally that students at a private court reporting school were given inadequate and improper instruction, in breach of an alleged implied contract for a quality education, states a cause of action for breach of contract.
The trial court held that the complaint failed to state a cause of action and dismissed it. Upon review of the record, the briefs submitted by the parties and all pertinent authorities, we find that the trial court did not err. Therefore, we affirm.
The relevant facts and procedural history are as follows. Appellants Patricia Cavaliere, Lettie Gustis, and Kristie Gustis enrolled in a two year court reporting program offered by appellees, Duff's Business Institute and Phillips Colleges, Inc. (hereinafter collectively referred to as "the Institute"). Appellants paid tuition for [***2] the first and second quarters of the program; they also bought the necessary books and materials. The course of instruction offered by the Institute was set forth in its student handbook and catalog. Appellants aver that, through the Institute's agents, handbook and catalog, the Institute made the following representations:
1. that the Institute's court reporting program was approved by the National Shorthand Reporters Association (NSRA);
2. that a graduate of the Institute could become NSRA certified and/or enjoy a career as a court reporter;
3. that the program was qualified as an approved educational program by the [**399] Pennsylvania Higher Education Assistance Program (PHEA); and
4. that the Institute provided a quality education.
Although appellants contend that some of the representations made by the Institute were contained in the student handbook and catalog, a copy of those documents were not attached to the complaint.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
413 Pa. Super. 357 *; 605 A.2d 397 **; 1992 Pa. Super. LEXIS 820 ***
Patricia A. CAVALIERE, an Individual; Lettie M. Gustis, an Individual; Kristie L. Gustis, an Individual, Appellants, v. DUFF'S BUSINESS INSTITUTE, a Corporation and Phillips Colleges, Inc., a Corporation
Prior History: [***1] Appeal from the Order Dated November 06, 1990, In the Court of Common Pleas of Allegheny County, Civil, No. 07248-90.
Disposition: The order of the trial court is affirmed.
cause of action, malpractice, courts, breach of contract, trial court, breached, allegations, misrepresentation, contractual, handbook, trade school, instructor, damages, schools, court reporting, public school, representations, accredited, demurrer, training, pleaded
Civil Procedure, Appeals, Standards of Review, De Novo Review, Responses, Defenses, Demurrers & Objections, Demurrers, Motions to Dismiss, Failure to State Claim, General Overview, Education Law, Departments of Education, State Departments of Education, Authority of Departments of Education, Pleading & Practice, Pleadings, Rule Application & Interpretation, Civil Liability, Educational Malpractice, Contracts Law, Breach