Gabriel v. St. Joseph, LLC

Decision Date29 April 2014
Docket NumberWD 75960.,Nos. WD 75959,s. WD 75959
Citation425 S.W.3d 133
PartiesRhonda GABRIEL, Appellant–Respondent, v. SAINT JOSEPH, LLC and its Affiliated Companies, et al., Respondents–Appellants.
CourtMissouri Court of Appeals

OPINION TEXT STARTS HERE

Paul A. Bullman, Kansas City, MO, for appellant-respondent.

Amanda Jo Montee and Susan Montee, St. Joseph, MO, for respondents-appellants.

Before Division Three: KAREN KING MITCHELL, Presiding Judge, LISA WHITE HARDWICK, Judge and GARY D. WITT, Judge.

GARY D. WITT, Judge.

Appellant/Respondent Rhonda Gabriel (Gabriel) brought claims of unlawful employment actions against her former employer, Respondent/Cross–Appellant Saint Joseph License, LLC (Saint Joseph License), as well as against alleged managers and/or owners Respondents/Cross–Appellants James Montee (“Montee”), Sandy Gutshall (“Gutshall”), and Ryan Williams (“Williams”). Ultimately, only one claim against one defendant, Saint Joseph License, was submitted to the jury, which returned a verdict unfavorable to Gabriel. Gabriel asserts three points of error on appeal. Respondents/Cross–Appellants (hereafter collectively, Defendants) assert two points of error on cross-appeal. We affirm as to all of Gabriel's points on appeal. We reverse and remand as to the first point on cross-appeal.

While the first point of the cross-appeal is meritorious and requires reversal and remand, Gabriel's three points on appeal lack merit, and a formal, published discussion related thereto would serve no jurisprudential purpose. Accordingly, we affirm the trial court's judgment as to those points by summary order pursuant to Rule 84.16(b).1 A memorandum explaining the reasons for our decision on those points has been provided to the parties. This opinion addresses only the first point of the cross-appeal. The second point of the cross-appeal is in the alternative to the first point and therefore, because relief is granted on the first point, the second point is not addressed.

FACTUAL AND PROCEDURAL HISTORY

Gabriel filed her multi-count complaint against Saint Joseph License, Montee, Gutshall, and Williams, on September 11, 2010 in the Circuit Court of Jackson County. Against Saint Joseph License, Montee, Gutshall, and Williams, Gabriel alleged violations under the Missouri Human Rights Act (MHRA) 2 for discrimination based on sex, religion, and age, as well as retaliation; in addition, she alleged claims for interference, restraint, and intimidation. Against Saint Joseph License, Gabriel also alleged claims for overtime wages, retaliation, and intentional interference under Chapter 290. The case was removed to the Circuit Court of Buchanan County after a motion for a change of venue.

Parties

Saint Joseph License operates the license bureau in the City of St. Joseph in Buchanan County. Montee is a ninety-percent owner of Saint Joseph License, and Gutshall is a ten-percent owner. Montee also has the “majority voice” in Saint Joseph License and controls the terms and conditions of employment. Gutshall is the operations manager, responsible for the day-to-day management of the office.

Montee is also a part owner of a license bureau in Lee's Summit, which is located in Jackson County. The Lee's Summit office is operated by Lee's Summit License, LLC (“Lee's Summit License”), which is an entirely separate entity from Saint Joseph License. Lee's Summit License is owned fifty-five percent by Montee and forty-five percent by Williams. Lee's Summit License was never a party in this action.

In addition to owning part of Lee's Summit License, Williams is a co-founder of the Missouri Association of License Offices and has assisted many license office owners with the start-up and operation of their offices. Williams played a transitional managerial role for the first ninety days of the opening of Saint Joseph License, and that period encompassed the time period when Gabriel was hired.

Gabriel began working for Saint Joseph License as a clerk on September 14, 2009. Her last day of work was November 5, 2009, roughly six weeks after her employment began. During her pre-hire interview with Saint Joseph License, Gabriel was given telephone numbers to contact Montee, Gutshall, and Williams with any questions or concerns regarding the office or the hiring process.

Alleged Discriminatory Conduct

Gabriel alleged that Gutshall discriminated against her at various points during her six-week employment. In a deposition, Gabriel testified that Gutshall, inter alia: 1) treated females in the office more harshly than men, 2) scolded Gabriel for duties that females were expected to do that men were not (e.g., “balancing the window”), 3) did not allow females to take lunch together but did allow two males to lunch together, 4) humiliated her but not male employees in front of customers, 5) allowed a male to work part-time while no other females worked part-time, 6) stated that she preferred working with men over women, 7) commented about women complaining too much and stated that men are easier to get along with in the workplace because they do not gossip or have mood swings and do not need as much time off for family.3

During deposition testimony, Gabriel testified that she discussed her complaints with family and co-workers but never with management or any party to this action. At trial, Gabriel testified that before she separated from Saint Joseph License, she had only discussed Gutshall's alleged discriminatory comments with her father and her sister, who were not affiliated with Saint Joseph License, and with a co-worker friend who worked at Saint Joseph License for about two weeks. There is no evidence that any party or anyone in management at Saint Joseph License was informed of the alleged discrimination prior to the filing of a complaint with the Equal Employment Opportunity Commission (“EEOC”).

Alleged Retaliatory Termination

On October 31, 2009, as part of her duties, Gabriel closed and locked up the business. Before she left, she took a set of license plates and registration tabs from the license office and put them on her personal vehicle without paying for them or paying the sales taxes on the vehicle. Gabriel told Gutshall on Monday, November 2, 2009 that she had taken the license plates and tabs. At her deposition, she testified she had been given permission by Gutshall beforehand to take the license plates and registration tabs.

Saint Joseph License reported the missing license plates to the Missouri Department of Revenue, Criminal Investigations Bureau (“CIB”). Following an investigation, the Department of Revenue suspended Gabriel's state-controlled identification number, which is required for any person who works at any Missouri license office.

On November 8, 2009, three days after her termination, Gabriel applied for unemployment benefits. Saint Joseph License opposed her application for benefits on the ground that Gabriel was terminated for misconduct connected with her work for taking inventory (the license plates and registration tabs) for personal use without paying for them. On about December 2, 2009, Williams testified in a telephone hearing with the Division of Employment Security in opposition to Gabriel's application for employment benefits. At the time he testified in that hearing, he was physically located in his attorney's office in Jackson County, Missouri. Gabriel was denied unemployment benefits based on misconduct connected with her work.

Additional Procedural Details

On January 28, 2010, after she was denied unemployment benefits, Gabriel filed her first charge of discrimination with the EEOC. Upon receiving a “right to sue” letter,” 4 she timely filed her multi-count complaint in Jackson County on September 11, 2010.

Relevant to Gabriel's first point on appeal, all defendants jointly moved to transfer venue to Buchanan County. In response, Gabriel requested that the trial court deny the motion to transfer venue or alternatively permit discovery on the issue. The alternative request to conduct discovery on the issue of venue was granted pursuant to Rule 51.045(b). As set out more fully in our unpublished order, after discovery, the trial court reviewed Gabriel's post-discovery filing and transferred venue to the Circuit Court of Buchanan County.

Before trial, the Circuit Court of Buchanan County subsequently granted partial summary judgment, which is the subject of Gabriel's second and third points on appeal. Relevant to Gabriel's second point, the trial court entered partial summary judgment in favor of all defendants on the count of retaliation. Relevant to Gabriel's third point, the trial court entered partial summary judgment in favor of Montee and Williams on all counts, determining that neither met the definition of “employer” under the MHRA.

On March 30, 2011, Defendants made an Offer of Judgment of $10,000 pursuant to Rule 77.04. Gabriel rejected that offer. Fourteen depositions were taken after the Offer of Judgment, for which Saint Joseph License, Montee, Gutshall, and Williams submitted costs of $4,488.70.

Approximately one year later, on March 8, 2012, the trial court granted summary judgment to Montee and Williams on all counts and granted Saint Joseph License, Montee, Gutshall, and Williams summary judgment on two claims. On August 16, 2012, twelve days before trial, Gabriel dismissed all counts of religious discrimination and all remaining counts against Gutshall.

The morning of trial, August 28, 2012, Gabriel filed a Third Amended Petition for Damages that contained four counts under the MHRA against one defendant, Saint Joseph License: gender harassment, gender discrimination, age harassment, and age discrimination. On August 29, 2012, Defendants' motion for a directed verdict was sustained on gender discrimination, age harassment, and age discrimination. The only count submitted to the jury was...

To continue reading

Request your trial
12 cases
  • Caranchini v. Mo. Bd. of Law Exam'rs
    • United States
    • Missouri Court of Appeals
    • 12 Noviembre 2014
    ...Rules are to be given the same effect as statutes so long as they are not in conflict with other law.’ ” Gabriel v. Saint Joseph License, LLC, 425 S.W.3d 133, 139 (Mo.App.W.D.2013) (quoting Gillespie v. Rice, 224 S.W.3d 608, 612 (Mo.App.W.D.2006) ); see also Mo. Const. art. V, § 5 ; § 477.0......
  • Bowers v. Bowers
    • United States
    • Missouri Court of Appeals
    • 30 Junio 2017
    ...are, nevertheless, procedural in nature, and, as such, Supreme Court Operating Rule. 4.05(3) prevails. Gabriel v. Saint Joseph License, LLC, 425 S.W.3d 133, 139 (Mo. App. W.D. 2013) ("[A] rule always prevails over a statute if it addresses procedure."). 14. The severance of dissolutions and......
  • Peterson v. Discover Prop. & Cas. Ins. Co.
    • United States
    • Missouri Court of Appeals
    • 13 Enero 2015
    ...determination that MHTC is covered is in line with our state's public policy of encouraging settlement. Gabriel v. Saint Joseph License, LLC, 425 S.W.3d 133, 140 (Mo.App.W.D.2013). In this case, it was wholly appropriate for MHTC to bind itself by a settlement agreement to limit its liabili......
  • Dewalt v. Davidson Surface Air & Donald Davidson
    • United States
    • Missouri Court of Appeals
    • 23 Septiembre 2014
    ...interest in eliminating discrimination and the purpose of encouraging settlements “are not in opposition.” Gabriel v. Saint Joseph License, LLC, 425 S.W.3d 133, 140 (Mo.App.W.D.2013) ; see also Marek v. Chesny, 473 U.S. 1, 5, 105 S.Ct. 3012, 87 L.Ed.2d 1 (1985) (“nothing incompatible about ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT