Buckley v. Hospital Corp. of America, Inc.
| Decision Date | 29 April 1985 |
| Docket Number | No. 84-7227,84-7227 |
| Citation | 758 F.2d 1525 |
| Parties | 37 Fair Empl.Prac.Cas. 1082, 36 Empl. Prac. Dec. P 35,157 Mary D. BUCKLEY, Plaintiff-Appellant, v. HOSPITAL CORPORATION OF AMERICA, INC., Crestwood Hospital and Nursing Home, Inc., d/b/a Crestwood Hospital, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Eleventh Circuit |
David H. Meginniss, Hornsby, Blankenship, Robinson & Meginniss, Pa., Huntsville, Ala., for plaintiff-appellant.
Ford & Harrison, Jefferson D. Kirby, III, Paula A. Hilburn, Ronald R. Kimzey, Atlanta, Ga., for defendants-appellees.
Appeal from the United States District Court for the Northern District of Georgia.
Before RONEY and HILL, Circuit Judges, and TUTTLE, Senior Circuit Judge.
Plaintiff Mary Buckley appeals from a decision of the district court directing a verdict in favor of the defendants, Hospital Corporation of America, Inc. and Crestwood Hospital and Nursing Home, Inc. Plaintiff alleges that the defendants discriminated against her on the basis of age in violation of the Age Discrimination in Employment Act of 1967, 29 U.S.C. Secs. 621-634. She alleges that the defendants subjected her to disparate treatment in the form of a constructive discharge as the result of her age. At the time of her termination, plaintiff was 62 years of age. 1
The standard to be applied in the review of a directed verdict was announced by this Court in Boeing v. Shipman, 411 F.2d 365, 374-75 (5th Cir.1969) (en banc). In Boeing we stated:
On motions for directed verdict and for judgment notwithstanding the verdict the Court should consider all of the evidence--not just that evidence which supports the non-mover's case--but in the light and with all reasonable inferences most favorable to the party opposed to the motion. If the facts and inferences point so strongly and overwhelmingly in favor of one party that the Court believes that reasonable men could not arrive at a contrary verdict, granting of the motions is proper. On the other hand, if there is substantial evidence opposed to the motions, that is, evidence of such quality and weight that reasonable and fair-minded men in the exercise of impartial judgment might reach different conclusions, the motions should be denied, and the case submitted to the jury. A mere scintilla of evidence is insufficient to present a question for the jury. The motions for directed verdict and judgment n.o.v. should not be decided by which side has the better of the case, nor should they be granted only when there is a complete absence of probative facts to support a jury verdict. There must be a conflict in substantial evidence to create a jury question. However, it is the function of the jury as the traditional finder of the facts, and not the Court, to weigh conflicting evidence and inferences, and determine the credibility of the witnesses.
Accord, McCorstin v. United States Steel Corp., 621 F.2d 749, 752 (5th Cir.1980).
Much of the evidence in this case is disputed. Because this is an appeal from a directed verdict, however, we must view the facts in the light most favorable to the plaintiff. Using that standard, there was evidence from which a reasonable jury could find that the following events occurred.
Mary Buckley was hired by the defendants as a charge nurse on the night shift in 1968. She worked her way up through the ranks until she attained the position of day shift supervisor in 1978. Until 1978, plaintiff had had no problems with the administration of the hospital, and she received several favorable performance appraisals.
In 1978, Noble Thompson became the new administrator of the hospital. As one of his first duties as administrator, Thompson held various meetings with the hospital staff. At one of these meetings, he expressed surprise at the longevity of the personnel and stated that he wanted to attract younger doctors and younger nurses. He acknowledged that there was a rumor circulating at the hospital that nurses who were "fat and forty" would be fired. Although he denied the truth of the rumored facts, he did state that he thought the hospital needed "new blood." He also stated that he could not understand why some of the employees had worked at the hospital so long.
In 1979, at a time when Thompson was out of town and plaintiff's supervisor Joan Karigan was ill, plaintiff discussed with a hospital physician her concerns about the hospital's plans to hire a patient with a history of drug abuse. Thompson and Karigan subsequently met with plaintiff and told her that she had acted improperly, and that if she ever went outside the "chain of command" again, she would be terminated.
Several times during the remainder of plaintiff's employment, Karigan inquired about plaintiff's retirement plans. During this time period, plaintiff also found out that two other nurses had been asked to report to Karigan anything that plaintiff said against the administration. Plaintiff asked Karigan about this situation, but Karigan told her not to worry about it.
In September 1980 plaintiff, who was working in the emergency room, went to the pharmacy to get tetanus toxoid for a patient. Susie Armstrong, who was working in the pharmacy that day, was under a doctor's care, and the staff members had been asked to be gentle with her. Plaintiff asked Armstrong to give her tetanus toxoid, and Armstrong handed her a drug. Armstrong told plaintiff to be sure to read the label, and plaintiff responded that she always read the label. Plaintiff could not read it at first, however, due to frosting caused by refrigeration of the glass container. Plaintiff took the drug back to the emergency room, but before she administered the drug she discovered that she did not have the right medication. As she returned to the pharmacy, she did not see anyone in the hallway. Plaintiff told Armstrong that she had given her the wrong medication. Armstrong said plaintiff should read the label, to which plaintiff responded that she had read the label and that that was why she was back. Armstrong then obtained the tetanus toxoid for plaintiff. During this exchange, although there was testimony to contradict her, the jury could believe plaintiff's statement that she did not throw down the vial containing the medication, did not use an angry tone, and that she had used no profanity.
The jury, on the other hand, could have believed two hospital employees, who reported this event to the administration somewhat differently. Respiratory therapy director Charles Markham reported that he was in the hall, saw plaintiff and heard her comments. He reported that she was so loud that he heard her when she was 50 to 65 feet away. He also indicated that there were visitors in the hallway at the time. Edith Owens, head nurse on the unit, reported that she heard plaintiff's voice from approximately 25 feet away. She stated that plaintiff was talking in a very loud voice about that "damn Susie Armstrong," and that she continued to talk as she headed toward the pharmacy. These two versions, of course, presented a typical issue of credibility for a jury's resolution.
Two days later, Thompson told plaintiff that Owens and Markham had reported to him that she had lost control, screamed and cursed. Plaintiff denied the allegations and told Thompson her version of the events. Thompson stated that plaintiff was under stress, and due to her advanced age, she had lost her temper. He stated that he could not have a supervisor who lost her temper. He told her to take a week off, because he had to consider what he was going to do about it.
Karigan later called plaintiff into her office and told her that she knew plaintiff was under a lot of stress. She asked plaintiff if she thought it was time to retire and enjoy life with her family.
During the week's leave of absence, plaintiff wrote a letter to Thompson questioning the statements by Thompson and Karigan regarding her "advanced age" of 62. Thompson did not respond to that letter.
On her return, Thompson told plaintiff that he could not have a supervisor who lost her temper and that she would have to step down from her position as supervisor and take a staff nursing position under Owens. As indicated above, Owens was one of the persons who reported the Armstrong incident to Thompson. In addition, plaintiff and Owens had had personal problems in the past. Owens had earlier told another employee that they needed to "do something" about plaintiff and asked the employee to report anything she heard about plaintiff's conduct. Plaintiff considered Owens to be threatening to her because Owens wanted plaintiff's job and because Owens was one of the employees who had been asked to report statements plaintiff made about the administration.
Plaintiff told Thompson that she would not step down as supervisor and work in the staff position. She told Thompson it would be "demoralizing, humiliating," and that she could not accept it because of the past relationship with Owens. Thompson did not offer plaintiff any other position. Plaintiff wrote another letter to Thompson, pointing out that Owens was one of the two witnesses whose word he had accepted over hers with the apparent intention of forcing her resignation. Thompson responded in a letter stating that plaintiff's employment was terminated and that he took action against her because she had not complied with the previous counseling session.
Following plaintiff's departure, her duties were divided among 12 other employees. Ten of these were over 40, while only two were under 40. The hospital subsequently hired an assistant director of nursing, age 45, who absorbed plaintiff's former duties. In May 1983 Owens, age 46, became clinical coordinator, a position which also absorbed plaintiff's former duties.
The issues for decision by this Court are as follows:
1. Did the district court err in directing a verdict for the defendants on the issue of age...
To continue reading
Request your trial
-
Anderson v. Dunbar Armored, Inc.
...been made absent any discriminatory intent. Young v. Gen. Foods Corp., 840 F.2d 825, 828 (11th Cir.1988); Buckley v. Hosp. Corp. of Am., Inc., 758 F.2d 1525, 1529-30 (11th Cir.1985). Direct evidence is "that which reflects `a discriminatory or retaliatory attitude correlating to the discrim......
-
Slack v. Kanawha County Housing and Redevelopment Authority
... ... Sisson's Mobile Homes Sales, Inc., 161 W.Va. 588, 244 S.E.2d 321 (1978), we recognized that ... See, e.g., Calhoun v. Acme Cleveland Corp., 798 F.2d 559 (1st Cir.1986); Pena v. Brattleboro ... Boise Cascade Corp., 781 F.2d 173 (10th Cir.1986); Buckley v. Hospital Corp. of Am., Inc., 758 F.2d 1525 (11th ... ...
-
Wright v. Southland Corp.
...conclude that the company more probably than not failed to promote the plaintiff because of his age. In Buckley v. Hospital Corp. of America, 758 F.2d 1525 (11th Cir.1985), a nurse supervisor in a hospital alleged that she was terminated because of her age. We held that the following testim......
-
Mackay v. Acorn Custom Cabinetry, Inc.
... ... See Lords v. Northern Automotive Corp., 75 Wash.App. 589, 881 P.2d 256 (1994); Sellsted v. Washington Mut. Sav ... Buckley v. Hospital Corp. of Am., Inc., 758 F.2d 1525, 1530 (11th Cir.1985)) ... ...
-
Don't Throw the Price Waterhonse Baby Out With the Bath Water: Age Discrimination and the Direct Evidence/mixed Motive Puzzle
...taken from Title VII, is sufficient to establish that the passages should be treated similarly); Buckley v. Hospital Corp. of America, 758 F.2d 1525 (11th Cir. 1985) (race discrimination case used to resolve age discrimination For state court cases, see, e.g., Grimwood, 110 Wash. 2d at 362 ......