Mathieu v. Gopher News Co.

• Decision Date: 15 October 2001
• Docket Number: PLAINTIFF-APPELLEE,No. 00-3990,DEFENDANT-APPELLANT,00-3990
• Parties: (8th Cir. 2001) LAWRENCE J. MATHIEU,, v. GOPHER NEWS COMPANY, Submitted:
• Court: U.S. Court of Appeals — Eighth Circuit

Page 769

273 F.3d 769 (8th Cir. 2001)

LAWRENCE J. MATHIEU, PLAINTIFF-APPELLEE, v. GOPHER NEWS COMPANY, DEFENDANT-APPELLANT.

No. 00-3990

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Submitted: October 15, 2001

Filed: December 11, 2001

Appeal from the United States District Court for the District of Minnesota. [Copyrighted Material Omitted]

[Copyrighted Material Omitted]

[Copyrighted Material Omitted] Before Wollman, Chief Judge, Lay and Riley, Circuit Judges.

Lay, Circuit Judge.

A jury found that Gopher News Company discriminated against Lawrence J. Mathieu on the basis of disability. It awarded back pay and damages for emotional harm and recommended front pay. The magistrate judge¹ sitting by consent of the parties entered judgment on the verdict and awarded the front pay recommended by the jury. The magistrate judge multiplied the entire award by 1.5 pursuant to Minnesota Human Rights Act (MHRA) § 363.071 subd. 2 and awarded Mathieu attorney's fees. Gopher News asserts various errors of law. We affirm in part and reverse in part.

Mathieu worked for Gopher News for thirty-four years, the last sixteen as Manager of Customer Delivery Services. This job not only involved managerial and administrative tasks, but also required Mathieu to be available to fill in for absent route drivers. The latter duties could involve ten to twelve hour days on the road and require lifting twenty to sixty pound "totes" out of a truck.

In January 1996, at the age of fifty-three, Mathieu was diagnosed with arterial blockage. He underwent quintuple bypass surgery. In March of 1996, Mathieu returned to work for Gopher News with six-hour shifts, three days per week. A few weeks later, he returned full-time, subject to a forty pound lifting restriction. Gopher News made reasonable accommodations for Mathieu's limitations. Shortly after returning full-time Mathieu's doctors lifted all restrictions, and by the end of the year he was again working fifty to seventy hour weeks.

During late December 1996, Mathieu again experienced chest pains. His doctors explained that the pain was musculo-skeletal in origin; the lifting required by his job was impeding healing of the surgical incision through his sternum. His doctors reimposed restrictions, limiting Mathieu to a forty hour week and a forty pound lifting maximum. Mathieu informed his employer. Four days later he was terminated as Manager of Customer Delivery Services. Gopher News asserted at trial that his position was eliminated. Mathieu alleged he was terminated due to age and disability discrimination.

After a trial, the jury rejected the age discrimination claim but found for Mathieu on the disability discrimination claim. It awarded back pay of $94,370; recommended front pay of $288,466; and awarded damages for mental anguish in the amount of $165,000. The magistrate judge denied all post-trial motions by Gopher News and added interest for back pay, reduced the front pay award to present value, and multiplied the entire award by 1.5 pursuant to the MHRA. The court awarded Mathieu attorney's fees.

Gopher News asserts various issues on appeal. It argues Mathieu's restrictions, a forty hour week and a forty pound lifting limit, do not constitute a disability under the Act. It asserts there was insufficient evidence for the jury to find Gopher News regarded Mathieu as disabled. It asserts the magistrate judge erred by awarding front pay rather than reinstatement and argues that all awards were excessive. It argues the magistrate judge erroneously held that Mathieu reasonably mitigated his damages. Gopher News argues the magistrate judge erred in its application of the MHRA multiplier. Finally, Gopher News asserts the magistrate judge erred by not granting a new trial.

I. Disability

Initially, Gopher News asserts that, as a matter of law, a forty hour week and a forty pound lifting restriction do not substantially limit one's ability to work and, therefore, do not constitute a disability. 42 U.S.C. § 12102(2)(A). It also asserts there is no evidence it ever regarded Mathieu as disabled. 42 U.S.C. § 12102(2)(C). It urges that the magistrate judge erred as a matter of law in finding Mathieu disabled. Mathieu engages these arguments on the merits but also asserts this court should not consider the merits because Gopher News failed to preserve the questions by failing to renew its motion under Federal Rules of Civil Procedure 50(b) at the close of the evidence at trial. We agree with this latter contention.

Gopher News moved for a judgment as a matter of law at the close of Mathieu's case in chief. The motion came at the end of the second day of trial, so the trial court reserved ruling until the parties could present arguments the following day. The court heard arguments the next morning and denied Gopher News' motion. The trial thereafter continued; Gopher News presented its defense and Mathieu took the stand in rebuttal. This testimony lasted between five and six hours. The plaintiff rested his rebuttal at the end of the day. Gopher News did not renew its motion for judgment as a matter of law at the close of all the evidence, and the court submitted the case to the jury.

Gopher News asserts various grounds on which its failure to renew its motion at the close of the evidence should be excused. It asserts Rule 50(b) does not apply because the issues it presents involve purely questions of law, not implicating the sufficiency of the evidence. Alternatively, it asserts an exception to the rule applies; it asks the court to adopt an exception to the rule "where its purposes have been met."

First, it is clear that Rule 50 applies. Judgment as a matter of law is appropriate where "a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue...." Fed. R. Civ. P. 50(a). In Americans with Disabilities Act (ADA) cases, the question presented is whether the particular individual, under the evidence presented, suffers a substantial limitation on a major life activity and, thus, a disability. This court is instructed to view the evidence for purposes of this individual inquiry. See, e.g. Sutton v. United Airlines, Inc., 527 U.S. 471, 483 (1999) ("[D]isabilities [should] be evaluated 'with respect to an individual' and be determined based on whether an impairment substantially limits the 'major life activities of such individual.' Thus, whether a person has a disability under the ADA is an individualized inquiry.") (internal citations omitted); Webner v. Titan Distribution, Inc., 267 F.3d 828, 834 (8th Cir. 2001) (restriction of lifting up to fifty pounds "substantially limited [employee's] ability to work, to twist, to bend, and to stand, in addition to limiting his ability to lift"); Kellogg v. Union Pacific R. Co., 233 F.3d 1083, 1087 (8th Cir. 2000) ("Given the numerous factors a court must weigh, the determination of whether an individual is substantially limited in the major life activity of working is made on a case by case basis."); Fjellestad v. Pizza Hut of America, Inc., 188 F.3d 944, 949 (8th Cir. 1999) ("[T]he ADA is concerned with preventing substantial personal hardship in the form of significant reduction in a person's real work opportunities. A court must ask 'whether the particular impairment constitutes for the particular person a significant barrier to employment'....") (citing Webb v. Garelick Mfg. Co., 94 F.3d 484, 488 (8th Cir. 1996)).

This case is no different. Gopher News asks this court to rule that a forty hour week and a forty pound lifting restriction do not constitute a disability as a matter of law. However, as stated, every case requires an individualized inquiry into the impact of the plaintiff's restrictions. Likewise, whether Mathieu is disabled required inquiry into the sufficiency of the evidence presented at trial. The trial court considered the evidence presented in drawing its conclusions on the disability issue. See Order (Nov. 1, 2000) at 13-18. Consequently, we hold Rule 50 applies.

Rule 50(b) states:

If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than 10 days after entry of judgment-and may alternatively request a new trial or join a motion for a new trial under Rule 59....

It is well established that judgment as a matter of law following a jury verdict cannot be had by a party who fails to renew its motion, pursuant to Rule 50(b), at the close of all the evidence. Interpretation of Rule 50(b) is set out by the Advisory Committee. See Fed. R. Civ. P. 50(b) advisory committee's note (1963 Amendment) ("A motion for judgment notwithstanding the verdict will not lie unless it was preceded by a motion for a directed verdict made at the close of all the evidence."); Fed. R. Civ. P. 50(b) advisory committee's note (1991 Amendment) ("This provision retains the concept of the former rule that the post-verdict motion is a renewal of an earlier motion made at the close of the evidence."). This interpretation is cited by recognized authorities on federal practice and procedure. See 9 James Wm. Moore, et al. Moore's Federal Practice §§ 50.20[3], 50.40[1], 50.91[1] (3d ed. 2001). It is unanimously approved by the courts, including this circuit. See, e.g. Jackson v. City of St. Louis, 220 F.3d 894, 896 (8th Cir. 2000); Duckworth v. Ford, 83 F.3d 999, 1001 (8th Cir. 1996); Pulla v. Amoco Oil Co., 72 F.3d 648, 655 (8th Cir. 1995).

The rule also is supported by sound policy. The Seventh Amendment preserves the right to a jury trial for civil litigants. U.S. Const. Amend. VII ("In Suits at common law, where the value in controversy shall exceed...