Craig Bishop v. Nu-Way Service Stations, Inc.
| Decision Date | 23 September 2004 |
| Docket Number | No. 4:02 CV 1814 JCH.,4:02 CV 1814 JCH. |
| Citation | 340 F.Supp.2d 1008 |
| Parties | CRAIG BISHOP, Plaintiff, v. NU-WAY SERVICE STATIONS, INC., d/b/a Nu-Way Service, Inc., Defendants. |
| Court | U.S. District Court — Eastern District of Missouri |
Kathryn E. Denner, Denner and Lynn, John D. Lynn, Denner and Lynn, St. Louis, MO, for Craig Bishop, Plaintiff.
Corey L. Franklin, McMahon and Berger, James N. Foster, Jr., McMahon and Berger, St. Louis, MO, for Nu-Way Service Station, Inc., dba Nu-Way Service, Inc., Defendants.
This matter is before the Court on Defendant's Motion for Summary Judgment and Requests for Fees and Costs Pursuant to 42 U.S.C. § 12205 ("Defendant's Motion for Summary Judgment"), filed June 25, 2004. (Doc. No. 44). The matter is fully briefed and ready for disposition.
Plaintiff began working for Defendant as a mechanic on the night shift in September, 1998. (First Amended Compl., ¶ 5). As a mechanic, Plaintiff was expected to perform service calls, tractor preventative maintenance, tractor repairs, tire work and brake work. (Defendant's Statement of Uncontroverted Material Facts ("Defendant's Facts"), ¶ 15, citing Plaintiff's Dep., PP. 22-24; Mariano Costello Dep., P. 7). As a condition of Plaintiff's employment with Defendant, Plaintiff became a member of Teamsters Local 618. (Defendant's Facts, ¶ 24, citing Plaintiff's Dep., P. 19). Pursuant to its Collective Bargaining Agreement ("CBA"), Teamsters Local 618 acted as the sole bargaining agent for employees under its jurisdiction. .
In August, 2000, Plaintiff was diagnosed with multiple sclerosis ("MS"). (Defendant's Facts, ¶¶ 105, 106, citing Plaintiff's Dep., PP. 52-53). As a result, Plaintiff was placed on disability leave from August, 2000 through October 19, 2000. (Id., ¶¶ 107, 110, citing Plaintiff's Dep., PP. 53-54, 181).
On October 17, 2000, Defendant sent a letter to Plaintiff, requesting that he provide paperwork setting forth his ability to perform the work required for his position. (Defendant's Facts, ¶ 113, citing Defendant's Exh. CC). The letter further indicated that if Defendant failed to receive paperwork regarding Plaintiff's condition within five working days, Defendant would assume Plaintiff had resigned his position with Defendant. (Id., ¶ 114, citing Defendant's Exh. CC). On October 19, 2000, Plaintiff's neurologist, Dr. Ahmed H. Jafri issued a release for Plaintiff's return to work with restrictions. (Id., ¶ 110, citing Defendant's Exh. X). Specifically, Plaintiff's release required that Plaintiff be permitted to work during daylight hours, i.e., the morning shift, and that Plaintiff be restricted from performing strenuous work. (Id., ¶¶ 111, 112, citing Defendant's Exh. X).1
On October 23, 2000, Defendant sent Plaintiff a letter indicating it had neither day nor night openings that could accommodate the restrictions placed by Dr. Jafri. (Defendant's Facts, ¶ 116, citing Defendant's Exh. DD). The letter directed Plaintiff to return to his normal shift without restriction, or to resign his position. (Id., ¶ 117, citing Defendant's Exh. DD).
On or about October 30, 2000, Plaintiff met with company representative Mariano Costello ("Costello") and Union Shop Steward Greg Maschmeyer ("Maschmeyer"), to discuss his ability to return to work. (Defendant's Facts, ¶ 123, citing Plaintiff's Dep., PP. 67-68). On November 2, 2000, Defendant sent Plaintiff another letter, again stating there were neither day nor night openings for work requiring little or no heavy lifting. (Id., ¶ 125, citing Defendant's Exh. BB). In the letter, Defendant asked that Plaintiff resign his position as a mechanic. (Id.).
On November 30, 2000, Plaintiff filed a written grievance regarding Defendant's refusal to assign him a mechanic's position on the day shift. (Defendant's Facts, ¶ 125, citing Defendant's Exh. M). The Grievance was signed by Plaintiff and Maschmeyer. (Plaintiff's Statement of Uncontroverted Facts ("Plaintiff's Facts"), ¶ 6). On December 18, 2000, a meeting was held in an effort to resolve Plaintiff's grievance regarding his desire to return to work as a mechanic. (Defendant's Facts, ¶ 127, citing Defendant's Exh. N; Plaintiff's Dep., PP. 75-77). The meeting was attended by Teamsters Local 618 President Robert Miller, Shop Steward Maschmeyer, company representative Costello, and Plaintiff. (Id., ¶ 136, citing Defendant's Exh. L; Plaintiff's Dep., PP. 82-83; Maschmeyer Dep., P. 46). Eventually, Costello and Miller asked Maschmeyer and Plaintiff to leave the meeting, while they contacted Defendant's owner, Don Costello, Sr., in an effort to facilitate a settlement of the grievance. (Id., ¶ 144, citing Plaintiff's Dep., PP. 91-93).
Following the closed meeting, Plaintiff drafted an Agreement dated December 18, 2000, which stated in its entirety as follows:
I Craig T. Bishop agree to resign my position as a mechanic at Nu-Way Services with the provision that Nu-Way pay my health & welfare benefits through July 2001. In addition Nu-Way will pay me the sum of $5,000.00 before Jan. 7, 2001 as severance pay. I further agree that after all monies & benefits are paid I agree that I will not hold Nu-Way Services liable for any further financial obligations.
(Defendant's Exh. L). The settlement agreement was signed by Plaintiff and company representative Costello, and witnessed by Union President Miller and Union Shop Steward Maschmeyer. (Id.).
Plaintiff did not receive his severance benefits in January, 2001. (First Amended Compl., ¶ 32). Instead, Plaintiff's $5,000.00 severance check was sent via certified mail in March, 2001. (Id., ¶ 34). Upon receiving the severance pay, Plaintiff turned the check over to his retained attorney, who made a copy and returned the original to Defendant.
Plaintiff filed his First Amended Complaint in this matter on October 22, 2003. (Doc. No. 24). In his First Amended Complaint, Plaintiff levels charges of failure to make reasonable accommodations, in violation of both the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the Missouri Human Rights Act ("MHRA"), Mo.Rev.Stat. § 213.010 et seq. (Counts I and II); wrongful termination, in violation of both the ADA and the MHRA (Counts III and IV)2; and equitable rescission (Count V). (Id.).3 As stated above, Defendant filed the instant Motion for Summary Judgment on June 25, 2004, asserting that it is entitled to summary judgment, as the undisputed facts demonstrate Plaintiff is unable to establish a prima facie case of disability discrimination, and Defendant has articulated a legitimate, nondiscriminatory reason for its action. (Doc. No. 44).
The Court may grant a motion for summary judgment 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." Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The substantive law determines which facts are critical and which are irrelevant. Only disputes over facts that might affect the outcome will properly preclude summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment is not proper if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Id.
A moving party always bears the burden of informing the Court of the basis of its motion. Celotex, 477 U.S. at 323, 106 S.Ct. 2548. Once the moving party discharges this burden, the nonmoving party must set forth specific facts demonstrating that there is a dispute as to a genuine issue of material fact, not the "mere existence of some alleged factual dispute." Fed.R.Civ.P. 56(e); Anderson, 477 U.S. at 247, 106 S.Ct. 2505. The nonmoving party may not rest upon mere allegations or denials of his pleading. Anderson, 477 U.S. at 256, 106 S.Ct. 2505.
In passing on a motion for summary judgment, the Court must view the facts in the light most favorable to the nonmoving party, and all justifiable inferences are to be drawn in his favor. Id. at 255, 106 S.Ct. 2505. The Court's function is not to weigh the evidence but to determine whether there is a genuine issue for trial. Id. at 249, 106 S.Ct. 2505.
The Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. ("ADA") prohibits employers from discriminating against qualified individuals with a disability on the basis of such disability. Brunko v. Mercy Hospital, 260 F.3d 939, 941 (8th Cir.2001), citing 42 U.S.C. § 12112(a). In order to establish a prima facie case of employment discrimination under the ADA, Plaintiff must show that (1) he has a disability within the meaning of the ADA, (2) he is qualified to perform the essential functions of the job, with or without reasonable accommodation, and (3) he suffered an adverse employment action because of his disability. Conant v. City of Hibbing, 271 F.3d 782, 784 (8th Cir.2001), citing Cooper v. Olin Corp., Winchester Div., 246 F.3d 1083, 1087 (8th Cir.2001). If Plaintiff meets his burden of establishing a prima facie case of disability discrimination, a rebuttable presumption of discrimination emerges, and Defendant must articulate a legitimate, nondiscriminatory reason for the adverse employment action. Kellogg v. Union Pacific Railroad Co., 233 F.3d 1083, 1086 (8th Cir.2000), citing Kiel v. Select Artificials, Inc., 169 F.3d 1131, 1135 (8th Cir.1999) (en banc). If Defendant successfully rebuts the presumption, then Plaintiff must demonstrate that Defendant's nondiscriminatory reason was merely a pretext for discrimination. Kellogg, 233 F.3d at 1086 (citation omitted).
To establish a disability under the ADA, Plaintiff must...
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