Alabama Power Co. v. Aldridge

• Decision Date: 06 December 2002
• Parties: ALABAMA POWER COMPANY v. Kevin ALDRIDGE.
• Court: Alabama Supreme Court

854 So.2d 554

ALABAMA POWER COMPANY v. Kevin ALDRIDGE.

1010969.

Supreme Court of Alabama.

December 6, 2002.

Rehearing Denied February 28, 2003.

Gregory C. Cook, Lisa J. Sharp, and Charles A. Burkhart of Balch & Bingham, L.L.P., Birmingham, for appellant.

Tony S. Hebson, Christy Jackson, and P. Douglas Smith, Jr., of Hebson, Liddon & Slate Southlaw, P.C., Birmingham, for appellee.

K. Claire White of Ferguson, Frost & Dodson, L.L.P., Birmingham; and Joana S. Ellis of Hill, Hill, Carter, Franco, Cole & Black, P.C., Montgomery, for amicus curiae Alabama Defense Lawyers Association.

Charles F. Carr and Joseph H. Driver of Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C., Birmingham, for amicus curiae Alabama Self-Insurers Association, in support of the appellant.

I. Ripon Britton, Jr., and E. Shane Black of Hand Arendall, L.L.C., Birmingham, for amicus curiae Business Council of Alabama.

David M. Wilson and Irene E. Blomenkamp of Wilson & Berryhill, P.C., Birmingham, for amicus curiae Alabama General Contractors Self-Insurers Fund, Alabama Branch, in support of the appellant.

LYONS, Justice.

Kevin Aldridge sued Alabama Power Company ("APCo"), alleging that APCo discharged him in retaliation for his filing a claim for workers' compensation benefits. After a trial, the jury returned a $500,000 verdict in favor of Aldridge; the verdict awarded $250,000 in compensatory damages and $250,000 in punitive damages. APCo filed motions for a judgment as a matter of law ("JML") at the close of Aldridge's evidence, at the close of all the evidence, and again after the trial court had entered a judgment on the verdict. The trial court denied those motions. APCo appeals. We reverse and remand.

I. Factual Background

Aldridge worked for APCo from 1978 until 1998. During those years, he worked his way up from what he refers to as the "hard crew" to lead lineman. As a lead lineman, he held a supervisory position and was within the highest pay classification of the International Brotherhood of Electrical Workers, the electrical workers union. Aldridge alleged that in May 1996 he injured his neck on the job; he underwent surgery to correct this injury. As a result of that injury, Aldridge made a claim for workers' compensation benefits, which APCo denied, and in September 1996 he sued APCo for workers' compensation benefits. The claim for benefits remains pending before the trial court. By agreement of the parties, the resolution of the workers' compensation action has been deferred until the conclusion of this retaliatory-discharge action.

From May 1996 to January 1997, Aldridge did not work because of his injury and subsequent recovery from surgery. When he returned to work in January 1997, APCo placed Aldridge in its customer-service center. Aldridge left the position after three days, claiming that he experienced severe pain from sitting all day. Aldridge then applied for and received long-term disability benefits. APCo alleges that its disability management section attempted numerous times to return Aldridge to work. Aldridge denies that it did so and claims that he unsuccessfully tried to pursue job opportunities with APCo. During this period, Aldridge started his own "car-hauling business." The business ultimately failed, a fact APCo claims caused Aldridge to cooperate with its efforts to find him physically suitable employment.

In November 1997, almost one and onehalf years after his neck injury, Aldridge accepted APCo's offer of a meter-reader position in Fort Deposit. On December 2, 1997, Aldridge began training for the job. Three days later, Aldridge injured his knee. Aldridge claims that the injury occurred while he was on his meter-reading walking route. Aldridge sought medical attention for his injury, and APCo would not let him return to work without medical clearance. His doctor cleared him to return to work on January 21, 1998.

Aldridge began working as a part-time driver for Material Delivery Service, Inc. ("MDS"), during the period that he was not medically cleared to return to work at APCo. Aldridge's job at MDS required him to work long hours and sometimes required work that appeared to be outside the physical limitations placed on him by his doctor after his knee injury. Aldridge never told APCo that he was working for MDS; when the doctor cleared him to work and he began to work for APCo again in January, he continued to work at MDS.

On January 21, 1998, Aldridge returned to his work as a meter reader. He was 30 minutes late for work on the first day, however, because of a traffic accident. Aldridge explained his tardiness to his supervisor, Robin Ray, and offered to stay 30 minutes longer at the end of the day to make up the time. Ray accepted Aldridge's offer. The next day, Aldridge did not appear for work. He claims that his knee was hurting when he woke up and that he attempted to call in sick. He said that he was unable to get anyone's voice mail, and that he took a muscle relaxer and went back to bed. Charlie Britton, with the human resources department at APCo, spoke by telephone to Aldridge later that day. Aldridge told Britton of his knee injury, and Britton instructed him to visit Dr. Kirven Ulmer that afternoon for a fitness-for-duty examination. APCo asserts that Aldridge was an hour late to this appointment; Aldridge insists he was told that the appointment was an hour later than it actually was. Dr. Ulmer ordered a magnetic-resonance-imaging test performed on Aldridge's knee the next day, and APCo placed Aldridge on light-duty status until the results came in. On January 28, 1998, Dr. Ulmer cleared Aldridge to return to his meter-reader position. During his absence from APCo, Aldridge continued to work for MDS.

Aldridge returned to work at APCo on January 29. On that day, Ray issued Aldridge a first-level discipline notice for his tardiness on January 21 and his absence on January 22. On February 9, 1998, Aldridge telephoned Ray to ask for the day off, stating that his son had wrecked one of Aldridge's automobiles the day before and that he needed to take it to get an estimate for the repairs. Ray agreed to allow Aldridge to take the day off, and Aldridge received the day off without pay. According to Aldridge's testimony, the shop where the car was to be repaired was very busy that morning, and between 11:00 and 11:30 a.m. he found out that the car could not be repaired that day. Aldridge said he then decided to go to MDS and pick up a shift for the rest of the day.¹ Aldridge explained that he did not report at work at APCo that afternoon because he was in a training position and he knew that many meter readers worked only in the mornings. Ray acknowledged that employees who miss half a day do not have to come in to finish the day. Aldridge worked for MDS that day from 12:30 to 9:30 p.m.

On February 17, 1998, Aldridge telephoned APCo and left the following voice message:

"Jean, this is Kevin Aldridge. How about telling Robin [Ray] that that storm came through last night took some shingles off my roof. I've got to get it covered up before everything I've got in my house ruins and I'll be in in the morning."

Ray telephoned her supervisor, Creagh Webb, when she received Aldridge's message. Webb told Ray to go to Aldridge's house to verify his excuse. Ray arrived at Aldridge's home around 11:00 a.m. She said that she did not knock on the door, however, because she feared Aldridge's rottweiler dog, which was barking. Ray left but returned to Aldridge's house two more times that day, finally seeing Aldridge around 3:35 p.m. as he pulled into the driveway. Ray says that Aldridge told her that he had been at home all day, without electricity, waiting in vain for his insurance adjuster to come inspect the roof. Ray also says that Aldridge represented that he had "put back together" his roof "for now." Aldridge claims that he left the house only to pick his children up from school.

On February 18, Webb interviewed Aldridge about his absence the previous day. Aldridge told Webb about his roof and said that he had been at home all day waiting for the insurance adjuster. Webb said that Aldridge changed his story during the interview and that he became suspicious of the veracity of Aldridge's statements. Later that day, Webb initiated an internal investigation of Aldridge's February 17 absence.

On February 18, Pat Cagle, with APCo's corporate security department, interviewed Aldridge about his February 17 absence. After the interview, Cagle drafted a written statement that reflected Aldridge's comments during the interview. Aldridge refused to sign the statement. Cagle and Aldridge, along with Aldridge's union representative, then drove to Aldridge's house to investigate the status of the roof. Cagle photographed the area Aldridge designated as having been damaged by the storm and saw four missing shingles. The affected area of the roof was not covered by a tarp. On February 19, Cagle interviewed Aldridge's insurance agent, who stated that he had never scheduled an appointment for Aldridge's insurance adjuster, Hugh Patterson, to inspect the roof. Cagle also questioned Patterson, who confirmed that no appointment had been made. Aldridge explains this circumstance by stating that his wife had talked to the representative of the insurance company and that from their conversation he assumed that an appointment had been made.

Cagle delivered his report to Webb on February 26. After reading Cagle's findings, Webb decided to investigate Aldridge's absence on February 9, the date upon which he had asked to be off to get a repair estimate on his wrecked car. On February 27, Aldridge won a bid for a meter-reader position in Tallassee and was consequently transferred from Webb's supervision. Despite this transfer, the investigation into Aldridge's February 9 absence continued.

On February 27, Cagle interviewed Aldridge about his February 9 absence. Aldridge told Cagle that he went to MDS...