Bruley v. Village Green Management Co.

• Decision Date: 09 December 2008
• Docket Number: Case No. 3:07-cv-1083-J-32JRK.
• Citation: 592 F.Supp.2d 1381
• Parties: Colin BRULEY, Plaintiff, v. VILLAGE GREEN MANAGEMENT COMPANY, a foreign corporation, LBK LP, a foreign limited partnership d/b/a the Oaks at Mill Creek Apartments, TR Mill Creek Corporation, a foreign corporation d/b/a the Oaks at Mill Creek Apartments, Defendants.
• Court: U.S. District Court — Middle District of Florida

592 F.Supp.2d 1381

Colin BRULEY, Plaintiff, v. VILLAGE GREEN MANAGEMENT COMPANY, a foreign corporation, LBK LP, a foreign limited partnership d/b/a the Oaks at Mill Creek Apartments, TR Mill Creek Corporation, a foreign corporation d/b/a the Oaks at Mill Creek Apartments, Defendants.

Case No. 3:07-cv-1083-J-32JRK.

United States District Court, M.D. Florida, Jacksonville Division.

December 9, 2008.

Cord Byrd, Office of Cord Byrd, PA, Jacksonville Beach, FL, for Plaintiff.

Adam C. Smith, Honigman, Miller, Schwartz & Cohn, LLP, Detroit, MI, Margaret Philips Zabijaka, Constangy, Brooks & Smith, LLC, Jacksonville, FL, L.A. Hynds, Adam C. Smith, Honigman, Miller, Schwartz & Cohn, LLP, Detroit, MI, for Defendants.

ORDER

TIMOTHY J. CORRIGAN, District Judge.

This case is before the Court on defendants' motion for summary judgment (Doc. 19) and exhibits thereto. (Doc. 20.) Plaintiff has filed a response in opposition. (Doc. 22.) On July 31, 2008 the Court held a hearing on the motion (Doc. 29), the record of which is incorporated by reference.

I. Background

This case arises from defendant Village Green Management Company's ("Village Green") termination from employment of plaintiff Colin Bruley ("Bruley"). Village Green is a Michigan-based apartment community management company which managed The Oaks at Mill Creek Apartments ("The Oaks"), a complex in Jacksonville, Florida owned by defendant TR Mill Creek Corporation ("TR Mill Creek").¹ (Doc. 5 at 2 (plaintiff's complaint).) In 2005, Village Green hired Bruley as a leasing agent for one of its Michigan properties. In December 2006, Village Green transferred Bruley to The Oaks in Jacksonville, where his duties included renting apartments, giving tours to prospective residents, and performing general office tasks. Bruley, who lived in an apartment on the premises, had a good record while employed.

Village Green gave employees notice of its emergency policies and procedures via its Associate Handbook, which mandated employees "[i]mmediately report any accidents which occur while on the job to [their] supervisor" and that "[a]ll incidents of violence must be reported to and acted upon by management." (Doc. 20-6 (Handbook at 53-54).) Similarly, the Handbook defined as prohibited employee conduct, "[c]arrying concealed weapons or explosives or violating criminal laws on Company premises or elsewhere when on Company business." (Id. at 51.) In April 2007 Melissa Joy, Village Green's Senior Area Director, reminded employees of proper emergency procedures. (Doc. 20-7.) Bruley was trained in Village Green's emergency procedures, (Doc. 20-3 at 22 (Bruley Dep. at 79-80)), and on April 4, 2005, Bruley had signed a form acknowledging receipt of Village Green's Associate Handbook; the form expressly acknowledged Bruley was terminable at-will, stating "either [Bruley] or the Company (or any of its related entities) may terminate [the] employment, with or without cause, and with or without notice at any time." (Doc. 20-12.)

In the early hours of June 12, 2007, while lying on his couch, Bruley heard an argument elsewhere in the complex. (Doc. 20-3 at 28 (Bruley Dep. at 103).) Around 2:00 a.m., Bruley heard "a desperate cry and a desperate need for help," as someone yelled "I've been shot," as if "fighting for their life or pleading for their life." (Id. at 105-06.) Alarmed, Bruley grabbed his shotgun and one shell and loaded and cocked the gun. (Id.) He left his apartment and walked quickly to the commotion where the victim, Tonetta Lee, lay bleeding from her leg. (Id. at 131-33.) At the time, Bruley did not know the shooter's identity or whether the shooter remained in the area. (Id.) He handed his shotgun to a neighbor and tended to Lee. (Id. at 139-140.) Improvising, Bruley used a blanket and a belt to stop the bleeding and tried to calm Lee until the ambulance arrived. (Doc. 20-8.) After speaking with police, Bruley returned to his unit, showered, and collapsed in exhaustion. (Doc. 20-3 at 39 (Bruley Dep. at 146).)

Around 10:00 a.m. the same morning, a telephone call from a Village Green management representative awoke Bruley and he was ordered to report to the management office (id.); soon after, Stephanie Stansfield, The Oaks' property manager, interviewed Bruley and typed Bruley's account of the incident, which he signed. (Id. at 83-86.) Later that afternoon, Bruley met with management representatives; he was fired. (Doc. 20-2 at 15 (Quay Dep. at 53).)

According to Village Green, Bruley was fired for: (1) failure to contact authorities, (2) failure to inform any Village Green representative or emergency contact of the incident, and (3) having a firearm on the property. (Id.) A human resources report stated Bruley "demonstrated extremely poor judgment in responding to [the] situation" and failed to contact the proper authorities after the incident. (Doc. 20-9.) On or about June 18, Bruley was evicted from Village Green for non-payment of rent and discussing the incident with the media. (Doc. 20-2 at 15 (Quay Dep. at 52).) Bruley claimed he was fired and evicted for "his exercise of his right to bear arms," (Doc. 5 at 6), but admitted he did not pay his overdue rent to Village Green until after he was fired. (Doc. 20-3 at 11 (Bruley Dep. at 36-37).) Bruley also admitted he spoke to a reporter from the Florida Times-Union a few days after the incident. (Id. at 164-65.)

Bruley filed a one-count amended complaint against Village Green and TR Mill Creek alleging he was wrongfully discharged from employment, in violation of public policy, specifically protection of his right to bear arms in self defense. (Doc. 5.) Village Green moved for summary judgment (Doc. 19) with evidentiary support for its position. (Doc. 20.) Bruley has filed a response in opposition (Doc. 22) and a notice of supplemental authority. (Doc. 25.) Village Green's request to file a response to Bruley's response in opposition (Doc. 24) was denied. (Doc. 28.)

II. Standard of Review

Summary judgment is proper where "there is no genuine issue as to any material fact" and "the moving party is entitled to judgment as a matter of law." Fed. R.Civ.P. 56(c). When ruling on motions for summary judgment, the Court must "view the evidence and all factual inferences therefrom in the light most favorable to the party opposing the motion." Burton v. City of Belle Glade, 178 F.3d 1175, 1187 (11th Cir.1999). "The burden of demonstrating the satisfaction of [the summary judgment] standard lies with the movant, who must present pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, that establish the absence of any genuine material, factual dispute." Branche v. Airtran Airways, Inc., 342 F.3d 1248, 1252-53 (11th Cir.2003) (internal quotations omitted). An issue is genuine when the evidence is such that a reasonable jury could return a verdict for the nonmovant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

III. Discussion

Under Florida's established rule for termination of at-will employment "`where the term of employment is discretionary with either party or indefinite, then either party for any reason may terminate it at any time and no action may be maintained for breach of the employment contract.'" DeMarco v. Publix Super Markets, Inc., 384 So.2d 1253, 1254 (Fla. 1980) (quoting DeMarco v. Publix Super Markets, Inc., 360 So.2d 134, 136 (Fla. 3d DCA 1978)). While some jurisdictions recognize exceptions to this rule, "Florida law ... provides no action for the common law tort of wrongful termination." Rosensweig v. Morgan Stanley & Co., Inc., 494 F.3d 1328, 1335 (11th Cir.2007). Contrary to Bruley's arguments, Florida has no exception even where termination is founded on an employee's exercise of constitutional rights. See DeMarco, 384 So.2d at 1254 (adopting district court's conclusion that employer was not liable for firing employee based on employee's exercise of his rights under the Florida Constitution). Thus, to bring a non-contract claim for wrongful discharge in Florida, an employee must rely on statutory causes of action created by the Legislature.² Hartley v. Ocean Reef Club, Inc., 476 So.2d 1327, 1330 (Fla. 3d DCA 1985). Here, no statutory cause of action for wrongful discharge applies to these facts, so Bruley cannot seek relief through that avenue.

It is true that several jurisdictions recognize an exception to at-will termination via a tort for retaliatory or wrongful discharge where the discharge contravenes public policy. See, e.g. Sheets v. Teddy's Frosted Foods, Inc., 179 Conn. 471, 427 A.2d 385, 388-89 (1980) (recognizing a claim for wrongful discharge in violation of public policy where plaintiff was fired for insisting his employer comply with FDA requirements); Martin Marietta Corp. v. Lorenz, 823 P.2d 100, 108 (Colo.1992) (recognizing cause of action under public policy exception to at-will termination doctrine where employee refused to report falsely to his superior the safety and quality of a machine); Palmateer v. Int'l Harvester Co., 85 Ill.2d 124, 52 Ill.Dec. 13, 421 N.E.2d 876 (1981) (holding employee has cause of action for retaliatory discharge in contravention of public policy where employee was fired for reporting fellow employee's alleged criminal activities to local law enforcement). However, Florida does not have such a public policy exception. Hartley, 476 So.2d at 1327; Smith v. Piezo Tech. & Professional Adm'rs, 427 So.2d 182, 184 (Fla.1983); Segal v. Arrow Industries Corp., 364 So.2d 89, 90 (Fla. 3d DCA 1978). Florida courts have refused to create a public policy exception because "[t]he determination of what constitutes public policy, or which of competing public policies should be given precedence, is a function of the legislature." Hartley, 476 So.2d at 1329. Id. Thus, "if the rule of non-liability for termination of at-will employment is to be tempered, it should...