Frix v. Florida Tile Industries, Inc.

• Decision Date: 11 July 1997
• Docket Number: Civil Action No. 4:96-cv-067-HLM.
• Parties: Robert L. FRIX, Plaintiff, v. FLORIDA TILE INDUSTRIES, INC., Defendant.
• Court: U.S. District Court — Northern District of Georgia

970 F.Supp. 1027

Robert L. FRIX, Plaintiff, v. FLORIDA TILE INDUSTRIES, INC., Defendant.

Civil Action No. 4:96-cv-067-HLM.

United States District Court, N.D. Georgia, Rome Division.

July 11, 1997.

COPYRIGHT MATERIAL OMITTED

Todd Mitchell Johnson, Cook & Connelly, Summerville, GA, for plaintiff.

Robert L. Frix, Adairsville, GA, pro se.

Gavin Stone Appleby, Jona J. Miller, Powell, Goldstein, Frazer & Murphy, Atlanta, GA, for defendant.

ORDER

HARLOD L. MURPHY, District Judge.

This employment discrimination case, in which Plaintiff claims Defendant violated the Americans with Disabilities Act ("ADA"), is before the Court on Defendant's Motion for Summary Judgment [14] and Defendant's Motion to Strike [22].

I. Summary Judgment Standard

Federal Rule of Civil Procedure 56(c) authorizes summary judgment when all "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 ... the moving party is entitled to a judgment as a matter of law." A district court "can only grant summary judgment `if everything in the record ... demonstrates that no genuine issue of material fact exists.'" Tippens v. Celotex Corp., 805 F.2d 949, 952 (11th Cir. 1986) (quoting Keiser v. Coliseum Properties, Inc., 614 F.2d 406, 410 (5th Cir. 1980)).

It has long been established that the party seeking summary judgment bears the burden of demonstrating the absence of a genuine dispute as to any material fact. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 1608, 26 L.Ed.2d 142 (1970); Bingham, Ltd. v. United States, 724 F.2d 921, 924 (11th Cir.1984). The moving party's burden is discharged by "`showing' — that is, pointing out to the district court — that there is an absence of evidence to support the nonmoving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986). In assessing whether the movant has met this burden, the district court must view the evidence and all factual inferences in the light most favorable to the party opposing the motion. Reynolds v. Bridgestone/Firestone, Inc., 989 F.2d 465, 469 (11th Cir.1993). Once the moving party has supported its motion adequately, the nonmovant has the burden of showing summary judgment is improper by coming forward with specific facts that demonstrate there is a genuine issue for trial. Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986).

When considering motions for summary judgment, the court does not make decisions as to the merits of disputed factual issues. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Ryder Int'l Corp. v. First American Nat'l Bank, 943 F.2d 1521, 1523 (11th Cir.1991). Rather, the court only determines whether there are genuine issues of material fact to be tried. Applicable substantive law identifies those facts that are material. Anderson, 477 U.S. at 248, 106 S.Ct. at 2510 ("[I]t is the substantive law's identification of which facts are critical and which facts are irrelevant that governs."). Disputed facts which do not resolve or affect the outcome of a suit will not properly preclude the entry of summary judgment because such facts are not material. Id.

In addition to materiality, courts also must consider the genuineness of the alleged dispute. "[S]ummary judgment will not lie if the dispute about a material fact is `genuine.'" Id. (emphasis added). 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. Moreover, for factual issues to be genuine, they must have a real basis in the record. Matsushita, 475 U.S. at 587, 106 S.Ct. at 1356. The nonmovant "must do more than simply show that there is some metaphysical doubt as to the material facts." Id. at 586, 106 S.Ct. at 1356. "Where the record taken as a whole could not lead a rational trier of fact to find for the non-moving party, there is no `genuine issue for trial.'" Id. at 587, 106 S.Ct. at 1356 (quoting First Nat'l Bank of Arizona v. Cities Service Co., 391 U.S. 253, 289, 88 S.Ct. 1575, 1592, 20 L.Ed.2d 569 (1968)). "[T]his standard mirrors the standard for a directed verdict." Anderson, 477 U.S. at 250, 106 S.Ct. at 2511. "[T]he inquiry under each is the same: whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Id. at 251-52, 106 S.Ct. at 2512.

Within the context of employment discrimination, the Eleventh Circuit has "stressed ... to district courts that, given the ease of pleading cases of discrimination, plaintiffs seeking to avoid summary judgment should be strictly held to the requirements of Rule 56(e); the plaintiff must present specific nonconclusory facts that would support a jury verdict against the particular defendant on discriminatory intent." Ratliff v. DeKalb County, 62 F.3d 338, 341 (11th Cir.1995).

II. Background

Keeping in mind that, when deciding a motion for summary judgment, the Court "must view the evidence and all factual inferences in the light most favorable to the party opposing the motion," the Court gives the following statement of facts. Reynolds v. Bridgestone/Firestone, Inc., 989 F.2d 465, 469 (11th Cir.1993). This statement does not represent actual findings of fact, and it is given simply to place the Court's legal analysis within the confines of a specific case or controversy.

Defendant Florida Tile ("Defendant" or "Florida Tile"), a producer of glazed ceramic tile, operates a manufacturing facility in Shannon, Georgia. In April 1981, Defendant hired Plaintiff as the storeroom coordinator in the maintenance department of its Shannon facility. (Plaintiff Dep. at 17, 21, 22.) The storeroom coordinator is responsible for purchasing, controlling, receiving and issuing maintenance-related stock, such as motors and machine parts. (Id. at 33-35, 36.)

Plaintiff's receiving duties consisted of unpackaging, identifying, lifting, carrying and shelving stock. (Plaintiff Dep. at 35.) Plaintiff therefore had to pry open crates with a hammer and crow bar, manually lift motors and parts out of the crates, carry them to shelves and pallet racks, and place them on the shelves and pallet racks. (Id. at 25-28.) Plaintiff often lifted, carried and shelved items weighing between 25 and 150 pounds. (Id. at 25-28.) In addition, Plaintiff lifted some items over his head by as much as four feet. (Id. at 26.)

In the mid-1980's, Defendant began producing larger, heavier tile. (Plaintiff Dep. at 35-36.) Consequently, the motors and parts that Plaintiff lifted, carried and shelved became larger and heavier, with most items weighing around 100 pounds. (Id. at 36.) Additionally, the quantity of motors and parts that Plaintiff received increased substantially, requiring more frequent lifting by Plaintiff. (Id. at 36.)

In August 1988, Plaintiff signed a job description outlining his responsibilities as storeroom coordinator. (Plaintiff Dep. at 126-27, Ex. 11.) The job description contains a section entitled "Physical Demands," which indicates that the storeroom coordinator is required to: (1) lift items weighing more than 45 pounds "many times" each week; (2) carry items weighing more than 45 pounds "many times" each week; (3) bend "many times" each week; and (4) stoop "many times" each week. (Plaintiff Dep. at 127-29, Ex. 11.)

On May 28, 1992, Plaintiff injured his back at Defendant's manufacturing facility when he lifted a part weighing approximately 100 pounds. (Plaintiff Dep. at 41, 107.) Plaintiff subsequently visited two physicians who diagnosed Plaintiff with a herniated disc and temporarily restricted Plaintiff from twisting, stooping, bending, or lifting more than 20 pounds. (Id. at 44.) Plaintiff's physicians monitored Plaintiff's condition and frequently renewed Plaintiff's temporary restrictions so that the restrictions remained in effect until December 1994.¹ (Id. at 109-13.)

Following his back injury, Plaintiff asked Defendant to accommodate him by assigning other employees to help him lift and shelve "heavy" items. (Plaintiff Dep. at 51.) Defendant assigned three employees — Patti Green, Sherry Pilcher, and Henry Smith — to help Plaintiff lift and shelve parts. (Id. at 51-52, 54.) From May 1992 until November 1994, Ms. Green, Ms. Pilcher,² and Mr. Smith assisted Plaintiff on a daily basis. (Id. at 53-54; Green Dep. at 9; Pilcher Dep. at 6.) These employees assumed many of Plaintiff's duties, including prying open crates, lifting, and shelving items weighing more than 20 pounds. (Plaintiff Dep. at 54.) The employees assumed Plaintiff's duties in addition to their regular duties.³

Because Ms. Pilcher and Ms. Green regularly assisted Plaintiff with his lifting and shelving duties, Ms. Pilcher and Ms. Green were unable to complete their regular duties in a timely manner. (Pilcher Dep. at 7-8; Green Dep. at 6-7.) Ms. Green became so frustrated she asked Defendant to assign Plaintiff's regular duties to her, and her regular duties to Plaintiff.⁴ (Green Dep. at 7.) Similarly, Ms. Pilcher informed her supervisor that she was frustrated because she was unable to complete her duties in a timely manner. (Pilcher Dep. at 9.)

In February 1994, Plaintiff's back condition worsened. (Plaintiff Dep. at 54-56, 117.) Dr. Mark Murphy, the physician who diagnosed Plaintiff's herniated disc, performed additional tests on Plaintiff's back. (Id. at 55.) On November 4, 1994, Dr. Murphy performed surgery on Plaintiff's back. (Id. at 56-57.) Although Plaintiff and Dr. Murphy believed Plaintiff's surgery was successful, Dr. Murphy did not believe Plaintiff should return to his position as storeroom coordinator. (Plaintiff Dep. at 120, Ex. 9; Murphy Dep. at 13-14, 18-19.) On ...