Bean v. South Carolina Cent. R.R. Co. Inc.

• Decision Date: 25 May 2011
• Docket Number: No. 4802.,4802.
• Citation: 392 S.C. 532,709 S.E.2d 99
• Court: South Carolina Court of Appeals
• Parties: Shane M. BEAN, Appellant,v.SOUTH CAROLINA CENTRAL RAILROAD COMPANY, INC., Respondent.

392 S.C. 532

709 S.E.2d 99

Shane M. BEAN, Appellant,

v.SOUTH CAROLINA CENTRAL RAILROAD COMPANY, INC., Respondent.

No. 4802.

Court of Appeals of South Carolina.

Heard Nov. 4, 2010.Decided March 2, 2011.Rehearing Denied May 25, 2011.

W. Mullins McLeod, Jr., Sonaly K. Hendricks, and Ayesha T. Washington, all of Charleston, for Appellant.John C. Millberg, of Raleigh, and James B. Richardson, Jr., of Columbia, for Respondent.GEATHERS, J.

This is an appeal from a negligence action pursuant to the Federal Employer's Liability Act (FELA) ¹ for personal injuries suffered by Shane Bean while working for South Carolina Central Railroad Company, Inc. (SCCR). The circuit court granted summary judgment to SCCR, noting Bean executed a valid release agreement that precluded all of his claims. In this appeal, Bean asserts numerous points of error, namely, that the circuit court erred in granting summary judgment to SCCR when (1) Bean presented evidence that the release was procured by fraud, the release was executed pursuant to a mutual mistake, and the release failed for lack of consideration; (2) Bean was not afforded a reasonable opportunity to conduct discovery essential to his claims prior to the grant of summary judgment; and (3) Bean presented evidence of SCCR's negligence as causing or contributing to his injury. We affirm.

FACTS

Shane Bean suffered an on-the-job injury in August of 2004 when his boot slipped off the bottom step of a stationary locomotive while dismounting it, causing him to fall to the ground and injure his right knee.² Bean was subsequently diagnosed with a torn anterior cruciate ligament (ACL) in his right knee. Dr. Terence W. Hassler, the doctor who performed two surgeries on Bean's knee, signed a disability certificate on October 11, 2004, noting Bean was sufficiently recovered to return to work and resume a normal workload “as tolerated.” Bean returned to work for SCCR and performed primarily engine duty until March 2005 with the assistance of a knee brace.

In March of 2005, Bean underwent ACL reconstruction surgery and took six months off to recover. In April of 2005, Bean suffered another injury when he fell off the front steps of his home while using crutches after a rain storm. Bean suffered a fractured right knee cap and underwent additional surgery. Bean remained on paid medical leave with SCCR until September of 2005, when he returned to work. SCCR paid all of Bean's medical bills and lost wages during his six-month medical leave.

On September 1, 2005, Dr. Hassler signed another disability certificate noting Bean was sufficiently recovered to return to work with the following limitations: “Engine Duty Only / No ground work for 6 mths.” On September 29, 2005, Dr. Hassler issued a third disability certificate with the following limitation: “Engine Duty and light ground work only.”

During his deposition, Bean explained he thought “light ground work” included dismounting the locomotive and aligning three to four switches during a tour of duty. When asked if Dr. Hassler specifically told Bean his restriction was permanent, Bean answered “He said that in order for my knee to last I would have to take care of it. He mentioned to me that one more fall, one more good fall would probably wipe my knee out for good.” According to Bean, Dr. Hassler told him his restriction would continue “as long as nothing changed with my knee.”

Upon returning to work for SCCR, Bean complained to Natalie Jones, the nurse representative employed by SCCR to handle his case, about his desire not to do any night work due to the increased tripping hazards. Jones spoke to SCCR management and Bean was transferred to daytime engine duty work within several weeks. Bean admitted his coworkers and supervisors at SCCR accommodated his restrictions and permitted him to perform only engine duty and light ground work.

Bean began settlement negotiations with Bill Monroe, a claims representative consultant for Rail America,³ in June of 2006. Bean testified “at that time I thought that my best interest would be to play fair with the railroad and see what they had to say about the situation.” Monroe told Bean he had the option of hiring an attorney, and Bean chose not to do so. Bean testified he chose not to hire an attorney because he believed “I would work with them, and they would hopefully work with me.” Bean admitted SCCR management did not expressly tell him he should not hire an attorney, or threaten him with the loss of his job if he chose to hire an attorney.

However, Bean did contend that several days after the incident, John Atkinson, an SCCR Trainmaster and Bean's supervisor, took him to the Hartsville Army Navy store and bought him a pair of Oakley sunglasses. During this outing, Atkinson allegedly told Bean he could either hire an attorney and litigate his claim for several years, or he could settle with the railroad and return to work. Atkinson also told Bean he could probably get $50,000 from the railroad if he decided to settle his claim.

As a result of Bean's settlement discussions with Monroe, Bean executed a “General Release and Final Settlement” releasing SCCR from all claims of liability for his knee injury. Bean testified that prior to signing the release, he asked Monroe if SCCR knew he had a permanent restriction. Monroe allegedly told Bean that SCCR was aware of his permanent restriction and “they were willing to work with me on that, and accommodate me.” According to Bean, Monroe also told him that the permanent work restriction language, i.e. light ground work and engine duty, “could not” be inserted into the release. Despite knowing the release contained no work restriction limitation language, Bean signed the release and accepted $75,000 from SCCR as part of the terms of the settlement.

After executing the release, Bean continued to work for SCCR for another ten months without incident or complaint. In mid-April of 2007, Bean left for vacation for a week and upon his return he noticed he had been assigned a conductor's job. Bean complained to Michael Rogers and John Atkinson, Trainmasters for SCCR, and informed them that he was on a permanent restriction and therefore could not work as a conductor. SCCR management asked Bean to secure a medical release from his doctor indicating whether he had any permanent medical restrictions. Bean visited Dr. Hassler again and allegedly produced a note to SCCR management stating his permanent work restriction, i.e. engine duty and light groundwork, had not changed.⁴ According to Bean, Atkinson told him not to return to work until he had a full medical release. According to Rogers, SCCR management told Bean to go home until he could provide SCCR with a document clarifying his medical condition.

On May 10, 2007, approximately three weeks later, SCCR faxed Bean a “return-to-work” agreement providing as follows:

Shane Bean will return to work on Monday, May 14, 2007, under the restrictions of an extended light duty as instructed on the return to work release we received from Dr. Hassler on 09/29/05. [Bean] will be on engine duty with some light ground work. Light ground work meaning he is able and capable of getting off the engine to throw switches, make couplings, apply/release handbrakes, etc. [Bean] will also be able to work as a conductor in an emergency situation (lack of qualified persons, etc.) for a short term [SCCR] will make a reasonable effort to accommodate [Bean's] condition based on seniority. [SCCR] would require [Bean] to provide an update on his condition from his doctor every six months.

Bean testified he refused to sign this accommodation letter because the offer was “vague” with regard to how long he would be forced to work as a conductor. Bean never returned to SCCR, nor did he call to inform the company he was not coming back.

Bean applied for and accepted a job in Spartanburg two days after receiving the faxed work accommodation agreement from SCCR. Rogers sent Bean a letter on May 21, 2007, noting he would be terminated for job abandonment if he did not return to work or contact SCCR management. Bean failed to respond or appear, and he was terminated after a hearing on May 24, 2007.

Bean filed a complaint on August 14, 2007, against SCCR for negligence under FELA and for violations of the Federal Railroad Safety Authorization Act. ⁵ In addition, Bean alleged fraud and negligent misrepresentation with respect to SCCR's statements and conduct in the execution of the release. SCCR filed a motion for summary judgment arguing the release executed by Bean precluded any personal injury claims against SCCR under FELA. SCCR further argued Bean was unable to demonstrate his injuries were caused by SCCR's negligence. Bean filed a memorandum in opposition to summary judgment arguing the release was invalid based on fraud, mutual mistake of fact, and lack of consideration.

Bean also filed an affidavit in opposition to SCCR's summary judgment motion noting “I provided John Atkinson a copy of Dr. Hassler's return to work form dated September 29, 2005 where he permanently placed me on engine duty only and light ground work.” Bean further explained, “Under no circumstances would I have accepted [the $75,000 settlement] money if I knew the railroad would require me to work beyond my physical limitations as explained by Dr. Hassler and in essence take my job from me.” With regard to why the permanent work restriction language could not be included in the release, Bean stated “I believed the reason it was not in the release is because I was already back to work. Therefore, there was no need to sign a get back to work form or have that language in the release.” Finally, Bean concluded, “The railroad induced me to enter into the settlement under the promise and representation that I would get back to work and that they would accommodate my medical restrictions.”

During the hearing on the summary judgment motion, Bean's counsel argued...