Greenway v. Buffalo Hilton Hotel
| Decision Date | 21 January 1997 |
| Docket Number | No. 94-CV-878A(F).,94-CV-878A(F). |
| Citation | 951 F.Supp. 1039 |
| Parties | Danny T. GREENWAY, Plaintiff, v. The BUFFALO HILTON HOTEL, Defendant. |
| Court | U.S. District Court — Western District of New York |
Law Offices of W. James Schwan (Tamara M. Giordano, of counsel), Buffalo, NY, Marcus, Knoer, Crawford & Hilton (David P. Marcus, of counsel), Buffalo, NY, for Plaintiff.
Littler, Mendelson, Fastiff, Tichy & Mathiason (Warren M. Davison, Samantha Rosenberg, of counsel), Baltimore, MD, for Defendant.
DECISION and ORDER
The parties to this matter consented to proceed before the undersigned on December 29, 1995. The matter is presently before the court on Plaintiff's motion for pre-judgment interest, front pay, and attorney's fees and costs, dated October 28, 1996; Defendant's motion to amend the judgment to reduce future and punitive damages, for judgment as a matter of law on backpay and compensatory damages, and for a new trial on punitive damages, dated November 4, 1996; Defendant's motion for judgment as a matter of law, or for a new trial on the issue of liability, dated November 4, 1996; and Defendant's motion to extend the stay of execution of judgment, or alternatively, to reduce the amount required for supersedeas bond, dated November 4, 1996.
Plaintiff, Danny T. Greenway, filed a complaint against Defendant, Buffalo Hilton Hotel ("Buffalo Hilton"), on December 1, 1994, alleging that the Buffalo Hilton, Plaintiff's former employer, had discriminatorily discharged him, based on his disability, in violation of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq., and the New York Human Rights Law, Executive Law § 297. Plaintiff, who had been employed as a bartender at the Buffalo Hilton, was terminated approximately eighteen months after Defendant learned that Plaintiff had tested positive for the HIV virus. Defendant denied that Plaintiff's disability was the reason for Plaintiff's termination, contending that Plaintiff was terminated pursuant to Defendant's progressive disciplinary policy after four unsatisfactory work incidents involving Plaintiff.1
Jury selection began on October 8, 1996, with testimony commencing on October 10, 1996. At the close of Plaintiff's evidence, and again at the close of Defendant's case, Defendant moved for a directed verdict on the issue of liability, which were denied by the court. Following the conclusion of the trial, the jury found for the Plaintiff, and awarded $65,000 in backpay, $50,000 for future health insurance premiums, $324,000 for future medication costs, and $1,000,000 in punitive damages, for a total award of $1,439,000.
Thereafter, on October 28, 1996, Plaintiff filed a motion for pre-judgment interest, front pay, and attorneys' fees and costs. On November 4, 1996, Defendant filed a motion to amend the judgment, pursuant to Fed. R.Civ.P. 59(e), for a judgment as a matter of law on backpay and compensatory damages, pursuant to Fed.R.Civ.P. 50(b), and for a new trial on punitive damages, pursuant to Fed.R.Civ.P. 59(a), a motion for judgment as a matter of law, or for a new trial, on the issue of liability, and a motion to extend the stay of execution of the judgment, or to reduce the amount required for the supersedeas bond, along with supporting memoranda. Defendant also requested oral argument on the motions.
On November 22, 1996, Defendant filed a memorandum in opposition to Plaintiff's motion. On the same day, Plaintiff filed a memorandum in opposition to Defendant's motions. Thereafter, on December 4, 1996, Plaintiff and Defendant both filed reply memoranda. Oral argument on the motions was held before the undersigned on December 18, 1996.
For the reasons as set forth below, Plaintiff's motions are GRANTED, in part and DENIED, in part. Defendant's motions are GRANTED, in part and DENIED, in part.
Plaintiff, Danny T. Greenway, commenced his employment with Defendant, the Buffalo Hilton Hotel, on December 12, 1987, working as a bartender at Charlie's Saloon, a bar within the Buffalo Hilton. Greenway worked at the Buffalo Hilton from December, 1987 until July, 1992 without incident. During that time, Greenway's immediate supervisor was Jerry Kulwicki. Kulwicki, in turn, reported to Richard Seidler, the food and beverage manager. Greenway himself did not have much contact with Seidler.
Greenway was diagnosed as carrying the HIV virus in 1987, prior to the commencement of his employment with the Buffalo Hilton. Greenway did not inform anyone at the Buffalo Hilton of his HIV positive status at the time of his hire.
Greenway received employee evaluations from Kulwicki on a semi-annual basis throughout his employment with the Buffalo Hilton. Throughout the five year period from December, 1987 through July, 1992, Greenway received consistently favorable evaluations.
In July, 1992, Greenway took a one month disability leave because of fatigue and stress. In order to obtain disability benefits under the Buffalo Hilton's disability insurance program, Greenway was required to complete a proof of claim form. Greenway completed the form, which included a physician's statement, and gave the form to Kulwicki on July 21, 1992. The information on the form provided by Greenway's physician, Dr. Neal Rzepkowski, revealed that Greenway was HIV positive. Upon giving the form to Kulwicki, Kulwicki looked at the form and then told Greenway that he was required to give the form to Richard Kotas, the personnel manager for the Buffalo Hilton. Greenway then went to see Kotas and provided him with the disability form. Greenway discussed the contents of the form with Kotas, and requested that Kotas keep Greenway's HIV positive status confidential. The general manager, Rudy Rainer, however, was told of Greenway's HIV positive condition by Kotas, and Rainer informed Seidler.
Greenway returned to work on August 17, 1992. In September, 1992, Greenway received his semi-annual employee evaluation. For the first time, Greenway received a below average evaluation from Kulwicki. In fact, Greenway's evaluation went from the second highest ranking in April, 1992 to the second lowest ranking in September, 1992.
On September 20, 1992, Greenway was told that certain V.I.P.s, a group of travel agents evaluating the hotel, were going to be in Charlie's Saloon that evening. A waitress was added to the staff, and the evening proceeded without incident. The guests came into Charlie's Saloon at approximately 10:30 p.m., and by 2:00 a.m., only five or six guests were left. As the remaining guests had indicated that they did not want any further drinks, Greenway decided to close the bar. However, on October 5, 1992, Greenway received an employee discipline from Kulwicki, dated September 29, 1992. Kulwicki told Greenway that someone had complained to Seidler that Greenway had closed the bar too early on September 20, 1992, and Seidler told Kulwicki to write up Greenway. According to Greenway, normal hotel policy was that, in the bartender's discretion, the bartender was to close the bar if business was slow. While Greenway had closed the bar early many times before, he had never been disciplined for taking such action. Kulwicki was unable to recall the actual identity of the patron who allegedly made the complaint, relying upon Seidler's direction.
On October 30, 1992, Greenway received a second employee discipline from Kulwicki. According to Greenway, Kulwicki informed him that a comment card had been received from a hotel guest indicating that Greenway had been rude to the guest, and that Seidler wanted Greenway written up for the incident.
On January 13, 1993, Greenway received another employee discipline for allegedly being insubordinate. According to the employee discipline, Greenway had called the engineering department at the Buffalo Hilton because the employee bathroom was very cold, instead of simply submitting a work order which would have prompted the engineering staff to attend to the complaint. Greenway spoke to John Davies, the chief engineer, who told Greenway to submit a work order. Words were exchanged, and Davies hung up the telephone. At the end of Greenway's shift, he completed a work order to have the bathroom checked. Greenway then encountered Davies on his way to drop off the work ticket, and Davies told Greenway that he was supposed to go through the proper channels by completing a work ticket, and that he should not call the engineering department. At the conversation's end, Greenway gave Davies the work ticket and left. Davies immediately complained to Seidler about Greenway's attitude, and Seidler told Kulwicki to give Greenway an employee discipline. Based on that misconduct report, the third disciplinary action, Greenway was suspended from work for five days.
On January 22, 1994, Charlie's Saloon was filled to capacity because of the presence of guests staying at the hotel who were participating in or attending a National Football League playoff game to be held the next day, Sunday, in Buffalo. Kulwicki was unavailable, so Greenway claimed he tried to ask Seidler, who was briefly present in the bar, to obtain more help to serve the customers. Seidler, however, did not offer any assistance, although he testified that Greenway did not request any help. The waitress who was working at the time, Tamara Nunn, asked to come behind the bar to make drinks, but Greenway declined because she was not a seasoned bartender, and he felt she was not competent to make drinks. Greenway was scheduled to work until 6:30 p.m. that evening, however, he stayed until 7:45 p.m. because of the crowd.2 When Greenway left, he believed that the situation in Charlie's Saloon was in control.
On February 3, 1994, Greenway received an employee discipline on the basis that, on January 22, 1994, he...
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