Gilmore v. Control Data Corp., C7-88-2670
| Decision Date | 25 July 1989 |
| Docket Number | No. C7-88-2670,C7-88-2670 |
| Parties | Diane GILMORE, Respondent, v. CONTROL DATA CORPORATION, Appellant. |
| Court | Minnesota Court of Appeals |
Syllabus by the Court
1. The evidence is sufficient to support the jury's verdict that the contract of employment was breached.
2. The trial court did not err in denying the motion for new trial on grounds of excessive damages, where the amount awarded was supported by the evidence and by the trial court's instruction on damages and no objection was made to that instruction at trial.
3. The trial court did not err in determining there was no discrimination on the basis of disability and failure to make reasonable accommodation.
William J. Mavity, James G. Ryan, Mavity & Ryan, Minneapolis, for respondent.
Barbara A. Leininger, Bloomington, for appellant.
Heard, considered and decided by PARKER, P.J., and FOLEY and SHORT, JJ.
Respondent Diane Gilmore brought action against her former employer, appellant Control Data Corporation, alleging breach of employment contract and disability discrimination. The jury found in favor of Gilmore on the contract claim and the court found in favor of Control Data on the discrimination claims. Control Data appeals from the judgment and from the order denying its motion for new trial. Gilmore seeks review of the court's determination on the discrimination claims. We affirm.
Gilmore, age 40, was employed by Control Data from 1976 through August 3, 1984, when her employment was terminated. She worked as an administrative technician in the Facilities Division, where her position involved coordinating responses to maintenance calls and preparing administrative reports.
In August 1979, Gilmore was injured in an automobile accident unrelated to her employment. She sustained a 15% permanent disability to her neck, shoulder and upper back as a result of that accident.
In 1982, Gilmore's treating physician, Dr. Michael Bromer, recommended that she take a leave of absence from work due to the worsening of her condition. Her request for leave was approved and she commenced the disability leave in November 1982.
Control Data's policy governing medical leaves of absence and disability benefits is set forth in a booklet entitled "Disability Income Protection." The company admits this booklet was given to its full time employees, including Gilmore. The booklet provides that "after an appropriate physician has signed a medical release," it is the company's obligation to offer the employee the highest grade job for which the employee is qualified and medically able to perform. In placing the employee in such a job, the company is also committed to making reasonable "job accommodations." If the employee is no longer considered disabled according to the definition of disability and does not accept a full-time job offer that is medically approved and meets the criteria for suitability, employment may be terminated.
Control Data retains Northwestern National Life Insurance Company (NWNL) to administer its long-term disability plan. NWNL is responsible for administering payment of benefits as well as assisting in the return to work process. Gilmore's return to work was to be overseen by Daniel Abramowski, then a senior rehabilitation coordinator for NWNL.
In April 1984, Gilmore contacted Dr. Bromer about returning to work. On April 9, 1984, Dr. Bromer provided NWNL with a report indicating that he would be seeing Gilmore in the near future and would be discussing her return to work. His report indicated that her test results were normal. He indicated in letters to Gilmore that she could attempt to return to work part-time with some restrictions and that eventually she should be able to return to full-time work.
NWNL scheduled Gilmore for an examination by Dr. Walter Truax in May 1984. Dr. Truax was a neurologist retained by NWNL to evaluate Gilmore's medical status. He stated in his report that he did not feel Gilmore was disabled from employment and recommended that she limit any lifting with her left arm and avoid repetitive movements with her left arm and hand. Dr. Truax did not make any recommendation as to whether Gilmore could work full-time or only part-time.
Abramowski sent the Truax report to Dr. Bromer on May 31, 1984 and requested Bromer's comments on those recommendations and findings. Abramowski testified that he intended to place "primary reliance" on Dr. Bromer's opinion on the conditions under which Gilmore could return to work. Dr. Bromer responded to the request in a report dated June 25, 1984, indicating that he agreed with the diagnosis and stating that part-time work was all Gilmore could handle until her endurance improved. He also listed restrictions that should be imposed on any job she was given.
The information in the Truax report was also forwarded to Carol Curtis, a manager in Control Data's Disability Management Department. Curtis discussed the report with Patricia Brown, a human resources administrator at Control Data. At that time neither NWNL nor Control Data had received a clarifying report from Dr. Bromer regarding Gilmore's ability to return to work. Curtis and Brown then decided to have Gilmore examined by the company medical advisor.
At the request of Control Data, Gilmore was examined on June 25, 1984, by Dr. Thomas Jetzer, then associated with the Airport Medical Clinic. Dr. Jetzer is currently a consultant for Control Data. He performed a physical examination but did not conduct any tests, take x-rays, or order any lab work. Dr. Jetzer's report found that Gilmore had no "significant orthopedic disability." He stated in his report that Gilmore was functionally capable of returning to work full-time in a clerical or administrative assistant position. Although his written report was not received by Control Data until July 16, 1984, Patricia Brown testified that she had a telephone conversation with Dr. Jetzer on June 25, 1984, in which Jetzer stated that Gilmore was released to return to work immediately with minor restrictions.
On June 27, 1984, Control Data offered Gilmore a position as a "Facility Service Coordinator, Grade 5." The letter stated that "accommodations have been made to the physical restrictions established by the Corporate Medical Advisor." Gilmore rejected this offer because it did not include a part-time restriction as she believed her physician had recommended. On July 2, 1984, Control Data notified her that because she had rejected the offer, she was being placed on a personal leave of absence for 30 days, after which time she must either return to work or be terminated, and that the termination would be considered voluntary. Gilmore responded that she was waiting for an offer of a job that met her medical restrictions. No other position was offered to her, and she was terminated effective August 3, 1984.
1. Does the evidence support the jury's verdict that Control Data breached its contract of employment with Gilmore?
2. Did the trial court err in denying Control Data's motion for new trial?
3. Did the trial court err in determining that Control Data did not discriminate against Gilmore on the basis of disability and failure to make reasonable accommodation?
1. Control Data first argues that the question of whether the contract of employment was breached should not have been submitted to the jury. Control Data
made no objection at trial when the jury was instructed on the question and did not raise this issue in its motion for new trial. We do not consider this argument on appeal. See Duchene v. Wolstan, 258 N.W.2d 601, 606 (Minn.1977).
On appeal, our review of a jury's special verdict is limited.
It is well settled that we will set aside an answer to a special verdict question only when it is perverse and palpably contrary to the evidence. * * * If the answers to special verdict questions can be reconciled on any theory, the verdict will not be disturbed.
Hauenstein v. Loctite Corp., 347 N.W.2d 272, 275 (Minn.1984) (emphasis in original). When reviewing a jury verdict on appeal, this court considers the evidence in the light most favorable to the prevailing party, and the verdict will not be disturbed if the evidence reasonably tends to support it. Kuehl v. National Tea Co., 310 Minn. 48, 50, 245 N.W.2d 235, 237 (1976).
Control Data argues that the evidence is insufficient to support the finding that the contract was breached. Control Data contends there is no evidence to support an interpretation of the contract which would require the company to offer a job which was within the restrictions imposed by Gilmore's own...
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