Leichihman v. Pickwick Intern., Inc.
| Decision Date | 15 August 1984 |
| Docket Number | No. Civ. 3-82-1121.,Civ. 3-82-1121. |
| Citation | 589 F. Supp. 831 |
| Parties | Mony LEICHIHMAN, Plaintiff, v. PICKWICK INTERNATIONAL, INC., Defendant. |
| Court | U.S. District Court — District of Minnesota |
Steve Refsell, Doherty, Rumble & Butler, Minneapolis, Minn., and Marcus R. Magnuson, James F. Dunn & Associates, St. Paul, Minn., for plaintiff.
Jon P. Parrington and Joel Muscoplat, Pustorino & Pederson, Edina, Minn., for defendant.
Before the court is defendant Pickwick's motion for judgment notwithstanding the verdict or, in the alternative, for new trial. The standard for granting a motion for judgment notwithstanding the verdict is a high one. The court is merely to decide the legal question whether there was evidence sufficient to create material fact issues for the jury. The court cannot decide those fact issues if they are found to exist. Lane v. Chowning, 610 F.2d 1385, 1388 (8th Cir.1979). If there is evidence of substance upon which the jury could properly or reasonably have found the verdict for the nonmovant, judgment notwithstanding the verdict cannot be granted. McGee v. South Pemiscot School District, 712 F.2d 339 (8th Cir.1983); Voegeli v. Lewis, 568 F.2d 89, 92 (8th Cir.1977). In considering the sufficiency of the evidence in support of the verdict, the court is not free to weigh the evidence or pass on the credibility of witnesses or substitute its judgment of the facts for that of the jury. Singer Co. v. E.I. du Pont de Nemours & Co., 579 F.2d 433 (8th Cir.1978); 9 C. Wright & A. Miller, Federal Practice and Procedure, § 2524, at 543-44. The court must view the evidence in the light most favorable to the nonmovant and must give the nonmovant the benefit of all reasonable inferences. Dace v. ACF Industries, Inc., 722 F.2d 374 (8th Cir.1983); Brown v. Missouri Pacific R.R., 703 F.2d 1050 (8th Cir.1983). The nonmovant is not entitled to the benefit of unreasonable inferences or those at war with the undisputed facts. Marcoux v. Van Wyk, 572 F.2d 651 (8th Cir.1978). Some courts have said that judgment notwithstanding the verdict must be granted unless there is substantial evidence in opposition to it. See, e.g., Fontana Aviation, Inc. v. Beech Aircraft Corp., 432 F.2d 1080, 1084 (7th Cir.1970).
In this case the jury found that Pickwick terminated plaintiff due to age discrimination, that Pickwick failed to offer plaintiff an opportunity for another position due to age discrimination, and that such discrimination was a willful violation of the ADEA. In support of its motion for judgment notwithstanding the verdict, Pickwick argues that there was no evidence supporting plaintiff's arguments that age discrimination was the reason plaintiff was assigned to retail after the split, that age discrimination was the reason plaintiff's job in retail was later eliminated, or that age discrimination was the reason plaintiff did not obtain a new position.
Measured against the standard for judgment notwithstanding the verdict described above, Pickwick's position just is not tenable. Although most if not all of plaintiff's evidence was circumstantial, plaintiff is entitled to every favorable inference. Plaintiff's assignment to retail after the split, the fact that older more senior employees cost more in terms of salary and benefits than newer, younger employees, the testimony of Jay Harris, the existence of Pickwick's employee relocation policy and the discordant testimony of Pickwick employees about the date and substance of plaintiff's last meeting with his superiors are some of the evidence upon which the jury could have rested its verdict. Simply because Pickwick infers economic motive from plaintiff's evidence does not mean it was unreasonable for the jury to infer a discriminatory motive. It cannot be said that plaintiff's evidence did not create issues of material fact. Even though Pickwick's evidence of drastic cost-cutting measures implemented during the pertinent time period was substantial, in a motion for judgment notwithstanding the verdict we cannot weigh the evidence or assess the credibility of witnesses who gave controverted testimony. Pickwick's motion for judgment notwithstanding the verdict cannot be granted.
A motion for new trial is addressed to the sound discretion of the trial court. Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 36, 101 S.Ct. 188, 190, 66 L.Ed.2d 193 (1980); Lane v. Chowning, 610 F.2d 1385, 1388 (8th Cir.1979). The overriding principle that should guide the court in considering a motion for new trial is the prevention of injustice. Fireman's Fund...
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...justice has occurred. Fireman's Fund Ins. Co. v. Aalco Wrecking Co., Inc., 466 F.2d 179, 187 (8th Cir. 1972); Leichihman v. Pickwick Int'l, Inc., 589 F.Supp. 831, 833 (D.Minn.1984). A new trial is not to be granted merely because the court may have reached a result different than that reach......
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