Benson v. Northwest Airlines, Inc.

• Decision Date: 01 April 1997
• Docket Number: No. C1-96-1317,C1-96-1317
• Citation: 561 N.W.2d 530
• Parties: Robert D. BENSON, Appellant, v. NORTHWEST AIRLINES, INC., et al., Respondents.
• Court: Minnesota Court of Appeals

Page 530

561 N.W.2d 530

Robert D. BENSON, Appellant, v. NORTHWEST AIRLINES, INC., et al., Respondents.

No. C1-96-1317.

Court of Appeals of Minnesota.

April 1, 1997.

Review Denied June 11, 1997.

Syllabus by the Court

Defamation actions place the burden of proving falsity on the plaintiff.

Thomas E. Marshall, Mackall, Crounse & Moore, P.L.C., Minneapolis, for Appellant.

Carol A. Peterson, Adele H. Page, Dorsey & Whitney, L.L.P., Minneapolis, for Respondents.

Considered and decided by AMUNDSON, P.J., TOUSSAINT, C.J., and HARTEN, J.

OPINION

AMUNDSON, Judge.

Appellant Robert D. Benson brought this action against respondents Northwest Airlines, Inc. (Northwest), Karen Pierce, and Harvey Armstrong, alleging various claims concerning his employment and discharge from Northwest. On appeal from a judgment entered on the defamation and retaliatory discharge claims and denial of posttrial motions, Benson argues: (1) the district court abused its discretion in evidentiary rulings admitting portions of his medical records and limiting testimony of his witnesses; (2) the district court erred in its jury instructions on defamation and retaliatory discharge and the special verdict forms for the defamation claim; (3) the district court erred when it denied his motion for JNOV; (4) the evidence was insufficient to support the jury's verdict and the district court's findings of fact; (5) the district court erred when it dismissed his negligent hiring and retention claim; (6) dismissal of his federal disability discrimination claim did not prevent him from asserting a claim under the Minnesota Human Rights Act (MHRA); and (7) inappropriate costs and disbursements were awarded to Northwest. Northwest, by notice of review, argues that it held a qualified privilege and was entitled to summary judgment or a directed verdict on the defamation claim. Northwest also seeks reversal of the district court's ruling allowing Benson to add a claim for punitive damages. We affirm.

FACTS

Beginning in March 1988, Northwest employed Benson as an engineer in Northwest's Technical Operations engineering department. During his first two years he was supervised first by Harvey Armstrong and then by Karen Pierce, both of whom rated his overall performance as "rock solid" or "generally superior." In August 1990, Benson was placed in charge of a newly formed project entitled New Product Development. Approximately two months later, Armstrong and Pierce recommended that Benson be promoted to Senior Engineer. On January 1, 1991, Benson's promotion became effective.

In February 1991, Benson met with Bruce Rismiller, an executive vice president of Northwest, to discuss the New Product Development project. Armstrong and Pierce did not know about Benson's meeting with Rismiller until after the meeting. Benson's supervisors were upset with him for not informing them before he met with a Northwest executive because they often received questions or comments back and needed to be able to respond. Subsequently, on several occasions Pierce raised her concerns with Benson that problems had developed relating to his work performance and behavior.

On October 8, 1991, at a meeting with Armstrong and Pierce, Benson received a letter written by Pierce. The letter, dated October 5, 1991, detailed a number of "performance issues that [had] been raised and unresolved over the past nine months." The letter identified five problems with Benson's performance:

1. Willful disobedience of any work assignment or management request or tardiness/failure to attend scheduled meetings with management.

2. Circumnavigation of immediate management to resolve project issues or bypass their reviewal of departmental communications prior to distribution.

3. Insubordinate and disruptive behavior.

4. Unprofessional and inappropriate displays of anger.

5. Displays of uncontrolled emotion (tearful crying sessions).

Pierce's letter also listed specific incidents, by date and description, that exemplified the performance problems. Benson characterized the letter as lies, but nonetheless agreed to work things out.

A week after receiving the letter, Benson took a six-week medical leave during which he received counseling and treatment for depression. While on medical leave, Benson received a letter from Robert Tice, an attorney for Northwest, requesting Benson's security badges that allowed him access to Northwest. On November 4, 1991, Benson met with Pierce, Armstrong, and Tice about suspected unauthorized use of Northwest's computer equipment and access to Benson's e-mail. Benson denied any involvement. He also claimed that Tice said that the airline requested his security badges because it was concerned he would come in and "shoot somebody." Pierce and Armstrong denied Tice made any such statement.

In early December 1991, Benson returned to work. On February 7, 1992, Benson received a performance review for the previous year from Pierce that rated his performance as "frequently unsatisfactory," the lowest rating on the scale. Benson decided to leave the engineering department. He was placed on a two-week unpaid leave to find another position within the company.

In March 1992, Benson transferred to a mechanic position and was assigned to recondition airplanes. On October 7, 1992, while working on his hands and knees installing insulation in a DC-10, Benson experienced severe chest pain and muscle weakness, which was determined to be a relapse of Parsonage-Turner syndrome. Since the 1970s Benson has suffered from the syndrome, also known as brachial plexopathy, which affects the nerves and muscles of his left arm and shoulder. Benson's condition had been asymptomatic until he experienced the chest pains. As a result of the relapse he missed several days of work.

Subsequently, Benson worked in other positions that accommodated his condition, including a temporary position in Northwest's recycling department. By letter dated December 7, 1992, Benson's treating physician, Dr. Edrie Kioski, provided Northwest with the following evaluation and recommendation:

It is my opinion that [Benson] should not be involved in any kind of work that involves extensive use of the left arm or repetitive motions of the left shoulder, for the rest of his working career, because he is likely to suffer further relapses and require extensive periods on disability. In particular, his previous job as a mechanic, would be totally inappropriate for his condition.

Benson transferred to the Plant Maintenance area. Four days later, however, the Manager of Plant Maintenance, Richard Paxton, notified Benson that he was disqualified from the mechanic position due to the medical limitations established by his physician.

Thereafter, Benson pursued a workers' compensation claim for the October flareup of his shoulder condition allegedly caused or aggravated by his work. On December 21, 1992, Benson signed a First Report of Injury, which was filed with the appropriate state agency and the administrator of Northwest's workers' compensation plan.

By a letter dated December 23, 1992, Northwest informed Benson that based on his doctor's recommendation, "it is evident that you are not capable of performing the full duties of a mechanic because of permanent physical restrictions." The letter further stated Northwest's standard policy:

In view of this medical report, you are being placed on a 90 day unpaid personal leave of absence to expire on March 16, 1993. During this time, you will be expected to seek alternate employment at Northwest Airlines which is within your physical limitations. If you are unable to find a position by March 16, 1993, your employment with the Company will be terminated.

The letter was authorized by Chris Prieve, a Northwest Human Resources Representative, and signed by Paxton, Manager of Plant Maintenance. Neither Prieve nor Paxton was aware that Benson had filed a workers' compensation claim with Northwest. Benson did not find another position within the 90-day period. On March 16, 1993, Benson's employment with Northwest was terminated.

In July 1993, Benson brought this lawsuit claiming: (1) discriminatory discharge in violation of the Americans with Disabilities Act (ADA); (2) retaliatory discharge for filing a workers' compensation claim in violation of Minn.Stat. § 176.82; (3) failure to provide personnel records and/or delete information in violation of Minn.Stat. §§ 181.961 and 181.962; (4) defamation; (5) intentional and/or negligent infliction of emotional distress; and (6) respondeat superior against Northwest including a claim for negligent hiring and retention of Pierce. Northwest removed the case to federal court. The federal court granted summary judgment to Northwest on the ADA claim and remanded the remaining claims back to state court.

The state district court granted summary judgment to Northwest on the personnel records, infliction of emotional distress, and negligent hiring and retention claims. The district court denied summary judgment on the retaliatory discharge, defamation, and respondeat superior claims. In addition, the district court granted Benson's motion to amend the complaint to add a claim for punitive damages, but denied his motion to add a claim for disability discrimination under the MHRA.

The defamation and retaliatory discharge claims were tried to a jury, the latter claim in the jury's advisory capacity. The jury returned verdicts in favor of Northwest on both claims and the district court adopted the verdicts in the court's findings of fact. Benson filed posttrial motions for JNOV, a new trial, and amended findings, which were denied. This appeal followed.

ISSUES

1. Did the district court abuse its discretion when it admitted medical records documenting Benson's counseling history and limited testimony relating to Pierce's hiring and conduct with other employees?

2. Did the district court's defamation jury instructions misstate the law and...