Cheatwood v. Roanoke Industries

• Decision Date: 20 July 1995
• Docket Number: No. CV94-H-2253-E.,CV94-H-2253-E.
• Citation: 891 F. Supp. 1528
• Parties: Daryl F. CHEATWOOD, Plaintiff, v. ROANOKE INDUSTRIES, Defendant.
• Court: U.S. District Court — Northern District of Alabama

891 F. Supp. 1528

Daryl F. CHEATWOOD, Plaintiff, v. ROANOKE INDUSTRIES, Defendant.

No. CV94-H-2253-E.

United States District Court, N.D. Alabama, Eastern Division.

July 20, 1995.

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Clarence F. Rhea, Donald R. Rhea, Richard A. Rhea, Gina D. Coggin, Rhea Boyd & Rhea, Gadsden, AL, for plaintiff.

Jake B. Mathews, Jr., Merrill Merrill Mathews & Allen, Anniston, AL, Richard P. Decker, Peter V. Hasbrouck, Decker & Hallman, Atlanta, GA, for defendant.

MEMORANDUM OF OPINION

HANCOCK, District Judge.

The court has before it the May 17, 1995 motion for summary judgment filed by defendant Roanoke Industries ("defendant"). Pursuant to the court's order of May 17, 1995, the motion was deemed submitted for decision, without oral argument, as of June 14, 1995.

Plaintiff Daryl Cheatwood ("plaintiff") commenced this action on September 15, 1994 by filing a two count complaint. In Count One plaintiff asserts that defendant discriminated against him on the basis of a disability in violation of the Americans with Disabilities Act ("ADA") 42 U.S.C. § 12101 et seq. by refusing to allow plaintiff to return to work on February 8, 1994. In Count Two plaintiff alleges that defendant terminated him for filing a workers' compensation claim in violation of Alabama Code § 25-5-11.1. In support of its motion for summary judgment, defendant submitted deposition excerpts of plaintiff Daryl Cheatwood, Kenneth Kirby, and Royann Hodges; the transcript of plaintiff's workers' compensation trial on August 19, 1993; the judgment from plaintiff's workers' compensation trial; plaintiff's EEOC charge; a memo from the EEOC dated April 11, 1994; the response of defendant to the EEOC charge; and an April 6, 1994 letter from plaintiff's workers' compensation attorney. In opposition to the motion for summary judgment, plaintiff submitted his affidavit; the affidavit of his brother David Cheatwood; excerpts from the depositions of plaintiff, Royann Hodges, and Kenneth Kirby; the July 23, 1992 vocational evaluation report of Jane Logan; the affidavit of Lynn Carpenter, a rehabilitation specialist; defendant's response to the EEOC regarding plaintiff's charge of discrimination; and defendant's responses to plaintiff's interrogatories.

Under Fed.R.Civ.P. 56(c), summary judgment is proper "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The party asking for summary judgment always bears the initial responsibility of informing the court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories and admissions on file, together with affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. at 2552-53. Once the moving party has met his burden, Rule 56(e) requires the nonmoving party to go beyond the pleadings and by his own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial. Celotex, 477 U.S. at 324, 106 S.Ct. at 2553. The substantive law will identify which facts are material and which are irrelevant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). All reasonable doubts about the facts and all justifiable inferences are resolved in favor of the nonmovant. Fitzpatrick v. City of Atlanta, 2 F.3d 1112, 1115 (11th Cir.1993). A dispute is genuine "if the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson, 477 U.S. at 248, 106 S.Ct. at 2510. If the evidence is merely colorable, or is not significantly probative, summary judgment may be granted. Id. at 249, 106 S.Ct. at 2510-11.

The method used by the party moving for summary judgment to discharge its initial burden depends on whether that party bears the burden of proof on the issue at trial. See Fitzpatrick, 2 F.3d at 1115-17 (citing United States v. Four Parcels of Real Property, 941 F.2d 1428 (11th Cir.1991) (en banc)).

If the moving party bears the burden of proof at trial, then it can only meet its initial burden on summary judgment by coming forward with positive evidence demonstrating the absence of a genuine issue of material fact; i.e. facts that would entitle it to a directed verdict if not controverted at trial. Fitzpatrick, 2 F.3d at 1115. If the moving party makes such a showing, the burden shifts to the non-moving party to produce significant, probative evidence demonstrating a genuine issue for trial.

If the moving party does not bear the burden of proof at trial, it can satisfy its initial burden on summary judgment in either of two ways. First, the moving party may produce affirmative evidence negating a material fact, thus demonstrating that the non-moving party will be unable to prove its case at trial. If the moving party satisfies its burden using this method, the non-moving party must respond with positive evidence sufficient to resist a motion for directed verdict at trial. The second method by which the moving party who does not bear the burden of proof at trial can satisfy its initial burden on summary judgment is to affirmatively show the absence of evidence in the record to support a judgment for the non-moving party on the issue in question. This method requires more than a simple statement that the non-moving party cannot meet its burden at trial but does not require evidence negating the non-movant's claim; it simply requires the movant to point out to the district court that there is an absence of evidence to support the non-moving party's case. Fitzpatrick, 2 F.3d at 1115-16. The affirmative showing may be accomplished by reference to any combination of the following: pleadings; deposition testimony of a party or its witness; affidavits; responses to interrogatories or failure to respond to interrogatories; requests for admission and responses thereto; and other exchanges between the parties that are in the record. See Clark v. Coats & Clark, Inc., 929 F.2d 604 (11th Cir.1991); see also Celotex, 477 U.S. at 332, 106 S.Ct. at 2557 (Brennan, J., dissenting). If the movant meets its initial burden by using this second method, the non-moving party may either point out to the court record evidence, overlooked or ignored by the movant, sufficient to withstand a directed verdict, or the non-moving party may come forward with additional evidence sufficient to withstand a directed verdict motion at trial based on the alleged evidentiary deficiency.

The gravamen sought to be redressed in the complaint occurred on February 8, 1994. However, due to the nature of plaintiff's claims, the events of that date cannot realistically be viewed in a vacuum. Thus, the following undisputed facts are presented as background of the events underlying this suit.

Defendant Roanoke Industries is an industrial manufacturer of plastic parts and moldings. Defendant hired plaintiff in July of 1989 as a "mixer man," and eventually promoted plaintiff to the position of "machine operator" on its 280 machine. (Deposition of Daryl Cheatwood at pp. 23-25, 34) ("Plaintiff's Depo."). The 280 machine was used to make products such as playground equipment and 60 gallon tanks. (Transcript of Plaintiff's Workers' Compensation Trial at p. 6) ("Transcript"). The job of machine operator requires significant bending, stooping, lifting, and stretching as well as constant lifting of powder material of various weights and placing that material into a mold. (Deposition of Kenneth Kirby at p. 12) ("Kirby Depo."). As a machine operator on the 280 machine, plaintiff stood for the entire 8 hour shift and routinely lifted objects of up to 110 pounds as many as twenty times a day. (Plaintiff's Depo. at pp. 33, 35-39).¹

On July 23, 1991, plaintiff was injured on the job when the ladder upon which he was standing collapsed. (Plaintiff's Depo. at p. 42). Plaintiff remained out of work due to this injury; and on January 19, 1992 plaintiff underwent back surgery. (Plaintiff's Depo. at p. 46). Plaintiff's doctor stated that he had reached maximum medical improvement as of June 9, 1992, and the doctor released plaintiff with a permanent 25 pound lifting restriction and permanent restrictions on repetitive stooping, bending, and lifting. (Plaintiff's Depo. at pp. 46-49; Transcript at pp. 2, 33). Plaintiff testified that as of June 9, 1992, he was not sure he could have performed his previous duties as a machine operator. (Plaintiff's Depo. at pp. 49-50).

Plaintiff filed a workers' compensation claim in the Circuit Court of Randolph County, Alabama in connection with his July 23, 1991 injury. Defendant Roanoke Industries was a defendant to that action. (See Judgment, Circuit Court of Randolph County, Alabama, CV 92-067). On August 19, 1993, plaintiff testified in the Circuit Court of Randolph County in connection with his workers' compensation claim. (See Transcript of Workers' Compensation Trial). The plant manager from Roanoke Industries, Kenneth Kirby, was present at the hearing and heard plaintiff testify about his physical limitations resulting from the injury. (Kirby Depo. at p. 28). On that date, six months before the operative facts that give rise to this suit, plaintiff gave sworn testimony as follows:

Plaintiff stated that he could not lift any objects weighing more than five pounds without experiencing radiating pain and losing grip of the object;² and he could not stand at the sink to wash a glass without significant pain.³ Plaintiff was unable to make up his bed or clean his room because he could not bend without pain.⁴ Plaintiff testified...