Bailey v. RE Garrison Trucking Co.

• Decision Date: 03 May 2002
• Citation: 834 So.2d 122
• Parties: Billy BAILEY v. R.E. GARRISON TRUCKING CO.
• Court: Alabama Court of Civil Appeals

834 So.2d 122

Billy BAILEY v. R.E. GARRISON TRUCKING CO.

2000916.

Court of Civil Appeals of Alabama.

May 3, 2002.

J. Barton Warren, Huntsville, for appellant.

Finis E. St.John IV of St.John & St. John, L.L.C., Cullman, for appellee.

MURDOCK, Judge.

In April 1998, Billy Bailey ("the employee"), a former employee of R.E. Garrison Trucking Co. ("the employer"), filed a twocount complaint seeking workers' compensation benefits from the employer and alleging a retaliatory-discharge claim against the employer for damages under § 25-5-11.1, Ala.Code 1975. The parties settled the workers' compensation claim and the trial court approved the settlement in June 1999. The retaliatory-discharge claim remained pending.

In February 2001, the employer filed a summary-judgment motion directed to the employee's retaliatory-discharge claim. After a hearing, the trial court entered a summary judgment in favor of the employer. The employee appealed to the Alabama Supreme Court, which transferred the appeal to this court pursuant to § 12-2-7(6), Ala.Code 1975.

The issue before this court is whether the trial court erred in entering the summary judgment. We review a summary judgment de novo, applying the same standard as was applied in the trial court. A motion for a summary judgment is to be granted when no genuine issue of material fact exists and the moving party is entitled to a judgment as a matter of law. Rule 56(c)(3), Ala. R. Civ. P. A party moving for a summary judgment must make a prima facie showing "that there is no genuine issue as to any material fact and that [he] is entitled to a judgment as a matter of law." Rule 56(c)(3), Ala. R. Civ. P. The court must view the evidence in a light most favorable to the nonmoving party and must resolve all reasonable doubts against the movant. Hanners v. Balfour Guthrie, Inc., 564 So.2d 412 (Ala.1990). If the movant meets this burden, "the burden then shifts to the nonmovant to rebut the movant's prima facie showing by `substantial evidence.'" Lee v. City of Gadsden, 592 So.2d 1036, 1038 (Ala.1992).

In Alabama, an employee may lawfully be discharged from his employment, with or without cause or justification, for a good reason, a bad reason, or no reason at all. Culbreth v. Woodham Plumbing Co., 599 So.2d 1120 (Ala.1992). Section 25-5-11.1, Ala.Code 1975, states an exception to this rule:

"No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits...."

In regard to actions brought under § 25-5-11.1, the Alabama Supreme Court has held:

"[A]n employee may establish a prima facie case of retaliatory discharge by proving that he was `terminated' because he sought to recover worker's compensation benefits, which would be an impermissible reason. The burden would then shift to the defendant employer to come forward with evidence that the employee was terminated for a legitimate reason, whereupon the [employee] must prove that the reason [given by the employer] was not true but a pretext for an otherwise impermissible termination."

Twilley v. Daubert Coated Prods., Inc., 536 So.2d 1364, 1369 (Ala.1988).

On appeal, the employee contends that he presented substantial evidence indicating that he was terminated in response to his filing a worker's compensation claim. The employee contends that the employer fabricated a series of poor work-performance reports in order to justify its termination of his employment in retaliation for his filing a claim based on his workplace injury.

A review of the record reveals that the employee worked as a preventive-maintenance mechanic. On January 7, 1998, while conducting maintenance on a truck, the employee slipped and fell, injuring his left hip and his back. The employee testified that he was taken to a hospital emergency room, but was released, and that he then returned to work. On the following day, he reported to work and performed his regular job duties. Approximately one week following the accident, the employee saw a company doctor, who placed the employee on lifting and bending restrictions, ordered physical therapy, and referred the employee to an orthopedic physician. On February 19, 1998, the company doctor released the employee to "do his regular work." On February 26, 1998, his employment was terminated.

Tim Klein, the vice president of maintenance for the employer, testified in his deposition that the employee was warned orally on...