Leme v. S. Baptist Hosp. of Fla., Inc.

• Decision Date: 29 March 2017
• Docket Number: Case No. 3:15-cv-979-J-34PDB.
• Citation: 248 F.Supp.3d 1319
• Parties: Kristiano LEME, Plaintiff, v. SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., Defendant.
• Court: U.S. District Court — Middle District of Florida

248 F.Supp.3d 1319

Kristiano LEME, Plaintiff,

v.SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC., Defendant.

Case No. 3:15-cv-979-J-34PDB.

United States District Court, M.D. Florida, Jacksonville Division.

Signed March 29, 2017

Kenneth B. Wright, Bledsoe, Jacobson, Schmidt, Wright & Sussman, Jacksonville, FL, for Plaintiff.

Heather A. Owen, Elizabeth Hoskins Joiner, Constangy, Brooks, Smith, & Prophete, LLP, Jacksonville, FL, for Defendant.

ORDER

MARCIA MORALES HOWARD, United States District Judge

THIS CAUSE is before the Court on Defendant's Motion for Summary Judgment and Memorandum of Law (Doc. 19; Motion), filed on June 1, 2016. Plaintiff filed a response to the Motion on June 21, 2016, (Doc. 22; Response), and annexed two affidavits, including the Affidavit of Tina Leme (Leme Aff.) as Exhibit A. Defendant filed an objection to certain portions of Tina Leme's Affidavit on September 20, 2016, see Objection to Portions of Tina Leme's Affidavit Filed by Plaintiff in Response to Defendant's Motion for Summary Judgment, Motion in Limine, and Memorandum of Law in Support (Doc. 25; Objection), and Plaintiff filed a response to the Objection on October 7, 2016, see Plaintiff's Response to Baptist's Challenge of Tina Leme's Affidavit (Doc. 26; Objection Response). Accordingly, this matter is ripe for review.

I. Background¹

Plaintiff Kristiano Leme (Leme or Plaintiff) brings this case against Southern Baptist Hospital of Florida, Inc. (Baptist or Defendant) alleging disability/handicap, and perceived disability/handicap, discrimination based on his allegedly wrongful termination in violation of the Americans with Disabilities Act (ADA) of 1990 (ADA), 104 Stat. 327, as amended, 42 U.S.C. § 12101 et seq.,² and the Florida Civil Rights Act (FCRA), Fla. Stat. § 760.01, et. seq. See generally Amended Complaint and Demand for Jury Trial (Doc. 2; Complaint).

A. Leme's Disability

Leme has a degenerative visual disability known as optic nerve atrophy "that is neither curable nor correctable." See Motion, Ex. A: Deposition of Kristiano Leme (Leme Dep.) at 10–11; Complaint ¶¶ 7, 14. As of November 18, 2009, Leme had a visual acuity of 20/40 in his right eye and 20/50 in his left eye, which means that with the aid of a corrective lens, Leme could see from 20 feet away what someone with perfect vision could see from 40 or 50 feet away, respectively. See Leme Dep., Ex. 3: November 18, 2009 Letter from Dr. Alejandro M. Tirado (Nov. 18, 2009 Letter); Motion, Ex. C: Deposition of Paul W. Brazis, M.D. (Brazis Dep.) at 12. Just four years later, according to a report dated November 27, 2013, his visual acuity dropped to 20/120 in both eyes. See Motion, Ex. B: Deposition of Dr. Katelyn W. Jordan, O.D. (Jordan Dep.) at 16, Ex 2: Brooks Rehabilitation Form, Nov. 27, 2013 (Nov. 27, 2013 Exam). Leme testified that his disability makes it difficult to see colors, regardless of the degree of contrast. See Leme Dep. at 246.³ According to Dr. Katelyn W. Jordan (Dr. Jordan), an optometrist specializing in low vision, Leme met the Social Security Administration's definition of legal blindness

. See

Jordan Dep. at 18–19.⁴

B. Leme's Introduction to Baptist

Leme began his employment with Baptist on November 30, 2009. See Leme Dep. at 12; Complaint ¶ 6. Initially, he worked on a part-time basis in the Medical Records Department. See Leme Dep. at 12. In February or March 2010, Baptist transferred Leme to a full-time position in the Central Supply (Materials Distribution) Department as a materials handler.⁵ Id. at 29–30, 35.

Through his work in Materials Distribution, Leme built a relationship with Yvonne Carver (Carver), a regular customer and the supervisor and manager of the Anesthesiology Department.⁶ Id. at 125; Carver Aff. ¶ 2. In July 2012, Carver mentioned to Leme that the Anesthesiology Department had a vacant anesthesia technician (Tech) position and encouraged him to apply. See Leme Dep. at 125, 152. Although Baptist hired a different candidate to fill that position, Carver informed him of another vacant Tech position in August 2013. Id. at 125–26, Ex. 21: Manage Applicant: Kristiano Leme (Application History). With Carver's encouragement, Leme reviewed the job description that Baptist posted on its website. Id. at 113, Ex. 19: Job Summary. According to the post, Baptist sought an "anesthesia tech for Surgical Services" whose duties would include: "assessing, planning and/or deliver[ing] anesthesia

equipment and supplies," "cleaning/car[ing] and stocking of anesthesia carts, supplies and equipment," and most importantly, "assisting the anesthesiologist." See Job Summary. Indeed, a Tech's primary function was to "assist the anesthesiologist in any way necessary with surgical procedures" and provide "an extra set of hands, eyes and ears" so that the anesthesiologist could focus on the patient. See Motion, Ex. M: Affidavit of Clifford Pierce (Pierce Aff.) ¶ 3; Carver Aff. ¶ 2; Leme Dep. at 124, 140. Generally, Baptist assigned only one Tech to each surgery. See Motion, Ex. G: Deposition of Clifford Pierce (Pierce Dep.) at 21.

Leme applied for the Tech position, and in September 2013, underwent several rounds of interviews with various supervisors, including Carver and Clifford Pierce (Pierce), the Lead Tech responsible for training all new Techs. See Leme Dep. at 153; Carver Aff. ¶ 9; Pierce Aff. ¶ 2. According to Leme, they did not discuss his qualifications, physical abilities, or job duties at the interview; instead, they discussed the reasons Leme applied for the position, training periods, and scheduling issues. See Leme Dep. at 154. Shortly thereafter, Baptist transferred Leme to the Tech position and restarted his 90 day probationary period.⁷ Id. at 183.

C. Leme's Training

Baptist divided Leme's Tech training into two phases. See Carver Aff. ¶ 10. During the initial phase, Steve Parks trained Leme on certain basic functions of a Tech at the Baptist South location. These basic functions consisted of non-clinical duties that did not involve patient care, including room turnover, restocking carts and medication, bringing blankets to patients, cleaning and preparing the operating rooms between surgical cases, connecting blood-pressure cuffs

, and transporting patients to surgery. See Pierce Dep. at 11–12; Pierce Aff. ¶ 4; Carver Dep. at 11; Leme Dep. at 74, 112–17. After spending four weeks at Baptist South, Leme began the second phase of his training at the Baptist Downtown location.⁸

See Leme Dep. at 170–73. There, Pierce attempted to train Leme on the clinical functions involving direct patient care. Id. at 88, 142–43, 170–71; Pierce Aff. ¶ 2.

Pierce tried to teach Leme how to prepare and assist anesthesiologists with placing an arterial line

(A–line)—"a catheter placed in an artery in the patient's wrist that monitors the patient's blood pressure, blood oxygen levels, heart rate, and body temperature in real time during surgery." See Pierce Aff. ¶¶ 5, 6. The purpose of A–line preparation is to aseptically clear air bubbles from the line. Id. at ¶¶ 6, 8. Failing to clear bubbles from the line "pose[s] a significant risk of harm to the patient," and can cause "a massive embolus leading to stroke or death." Id. at ¶ 8; Leme Dep. at 166.⁹ According to Pierce, this critical task was an "essential daily function" of the Tech position. See Pierce Aff. ¶ 5. Carver agreed that "placing and connecting [A–lines] while using proper aseptic technique to not contaminate the line" was an essential function of the Tech position, based on her "creation of the [Tech] position," "knowledge and supervision of the position," "performance of the duties," and "four decades of working with the [a]nesthesiologists." See Carver Aff. ¶ 5. According to Dr. Velez, Techs "serve no purpose in the operating room" if they cannot provide "critical assistance with the placement of [A–lines]." See Motion, Ex. O: Affidavit of Samuel Velez, M.D.(Velez Aff.) ¶ 4. When Techs fail to clear all bubbles, the anesthesiologist either has to instruct the Tech or "complete the process" himself. See Pierce Dep. at 52–53; Response, Ex. B: Affidavit of Lewis Crawford (Crawford Aff.) ¶ 8. Indeed, Crawford, a former co-worker of Leme, testified that he did not feel comfortable as a Tech until he mastered A–line preparation. See Motion, Ex D: Deposition of Lewis Page Crawford (Crawford Dep.) at 23. He described A–line connection as a regular function of the Tech position, and indicated that he prepared "a whole lot" of A–lines. Id. at 21, 29. Leme testified that when he began the clinical portion of his training, he did not think A–line preparation would be an essential function of the Tech position based on his training at Baptist South and the Job Summary. See Leme Dep. at 112–13, 117–18. He also testified that he had heard of a Tech who did not connect A–lines, although he did not know why. Id. at 118–19. Nevertheless, he recognized that his training at Baptist downtown consisted almost entirely of A–line preparation and draining fluid warmers.¹⁰ Id. at 117–18, 142–43, 164, 172–73.

A–line preparation consists of three stages. See Crawford Aff. ¶ 7. First, Techs prepare A–lines outside the operating room, see id., by "setting up and connecting the transducer¹¹ to the IV line (a thin clear tube approximately four (4) millimeters in diameter) that is connected to an IV bag and pressure bag." See Pierce Aff. ¶ 6. The sterile ends and ports of the line have protective caps to protect against contamination. Id., Ex. 1: Arterial Lines

. Without contaminating the line, the Tech removes a protective cap and flushes the line with clear fluid to eliminate all air, which is "visible as small pockets of air or tiny bubbles in clear fluid in clear tubing." See Pierce Aff. ¶ 6. As the Tech flushes the line, he "must constantly look through the tubing to make sure that there are no air bubbles." Id. Once all air is removed, the Tech places the protective cap back on the tip to keep the end sterile and prevent air from...