Quick v. GMC, SAGINAW STEERING GEAR DIV., 88-CV-70883-DT.

• Decision Date: 24 May 1988
• Docket Number: No. 88-CV-70883-DT.,88-CV-70883-DT.
• Citation: 686 F. Supp. 1224
• Parties: Napoleon QUICK, Plaintiff, v. GENERAL MOTORS CORPORATION, SAGINAW STEERING GEAR DIVISION, Defendant.
• Court: U.S. District Court — Western District of Michigan

686 F. Supp. 1224

Napoleon QUICK, Plaintiff, v. GENERAL MOTORS CORPORATION, SAGINAW STEERING GEAR DIVISION, Defendant.

No. 88-CV-70883-DT.

United States District Court, E.D. Michigan, S.D.

May 24, 1988.

Dennis D. James, Detroit, Mich., for plaintiff.

Richard M. Tuyn, Roy H. Henley, Birmingham, Mich., for defendant.

MEMORANDUM OPINION AND ORDER

ZATKOFF, District Judge.

On March 4, 1988, Plaintiff filed this action against the Defendant, his former employer, alleging race and age discrimination. Plaintiff, a black male, alleges that the Defendant failed to promote him and instead promoted a white female who was younger than Plaintiff. This allegedly occurred in August, 1984.

Defendant has now moved for summary judgment. Summary judgment is appropriate where no genuine issue of material fact remains to be decided and the moving party is entitled to judgment as a matter of law. Blakeman v. Mead Containers, 779 F.2d 1146 (6th Cir.1985); Fed.R.Civ.P. 56(c). In applying this standard, the Court must view all materials offered in support of a motion for summary judgment, as well as all pleadings, depositions, answers to interrogatories, and admissions properly on file in the light most favorable to the party opposing the motion. Anderson v. Liberty Lobby, 477 U.S. 242, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); United States v. Diebold, 369 U.S. 654, 82 S.Ct. 993, 8 L.Ed. 2d 176 (1962); Smith v. Hudson, 600 F.2d 60 (6th Cir.1979), cert. denied, 444 U.S. 986, 100 S.Ct. 495, 62 L.Ed.2d 415 (1979). In deciding a motion for summary judgment, the Court must consider "whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law." Anderson, 477 U.S. 242, 106 S.Ct. at 2512, 91 L.Ed.2d 202.

Defendant's motion is based on the principle of res judicata. Defendant asserts that these claims have been addressed by another court and that Plaintiff should be prevented from relitigating this type of claim. The Court notes that there are at least three (3) underlying actions which involve Plaintiff's employment with the Defendant. The Court must endeavor upon a discussion of the facts as presented by the parties.

Plaintiff's employment commenced with the Defendant in 1967. By January 1, 1982, Plaintiff had attained the position of a level 7 supervisor. However, on January 1, 1982, Plaintiff was demoted and, allegedly, forced to accept a reduction in his level of authority and salary. Thereafter, Plaintiff, along with three co-workers, filed an action against the Defendant in Wayne County Circuit Court. Casman v. General Motors Corp., Case No. 83-334-957 (Wayne County, Mich. Nov. 15, 1983) (hereinafter referred to as "Quick 1"). This three-count complaint alleged a claim for age discrimination under Michigan's Elliott-Larsen Civil Rights Act, M.C.L.A. § 37.2101 et seq. Quick 1, paragraph 15 of the complaint. Plaintiff based this claim on the alleged fact that while he was demoted, younger employees were not.

In August of 1984, a 7th level position became available. Plaintiff alleges that he applied for that position. Electing not to offer Plaintiff the position, Defendant chose a white female who was younger than the Plaintiff. Plaintiff alleges that she did not meet the qualifications necessary for the 7th level position nor did she have the personnel supervisory experience.

On September 30, 1986, Plaintiff filed a complaint in Wayne County Circuit Court. Quick v. General Motors Corp., Case No. 86-629549 (Wayne County, Mich. Sept. 30, 1986) (hereinafter, "Quick 2"). Plaintiff alleged that the Defendant's failure to promote him was due to age discrimination in violation of Elliott-Larsen. Plaintiff further charged that the Defendant's decision not to award him the promotion was in retaliation for filing his original case, Quick 1.

On July 20, 1987, Plaintiff filed his third complaint against the Defendant. Quick v. General Motors Corp., Case No. 87-717583 (Wayne County, Mich. July 20, 1987) (hereinafter, "Quick 3"). The Quick 3 complaint alleges that the Defendant's failure to promote him was racially motivated. Quick 3 is based on the Elliott-Larsen provision which created liability for racial discrimination in private employment. The Quick 3 complaint, however, fails to state what specific acts were discriminatory. Instead, Plaintiff alleged that he was denied several opportunities for advancement. Quick 3, paragraph 4 of Plaintiff's complaint.

On July 28, 1986, the parties met relative to settling Quick 1. At that meeting, the Plaintiff proposed three (3) alternative demands. At the conclusion of the meeting, parties agreed that Defendant would consider the three (3) demands. After considering the demands, Defendant met with Plaintiff on August 19, 1986. At this meeting, Defendant agreed to the following demand as settlement in this matter:

A demand for $110,000 plus $10,000 in attorney fees in consideration of termination of employment, discontinuance of disability benefits, settlement of all claims against General Motors, including all litigation and administrative complaints.

Plaintiff, however, had a change of heart and refused to go through with the settlement. All of these settlement negotiations and meetings occurred prior to Plaintiff's alleged denial of promotion and the filing of Quick 2 and Quick 3.

On or about November 25, 1986, Defendant filed a motion to enforce the settlement agreement. The Defendant proffered the following settlement agreement to Judge Lucille Watts, the presiding state court judge over Quick 1:

WHEREAS, the Plaintiff filed his Complaint in the Circuit Court for the County of Wayne, State of Michigan, Case No. 83-334957-CZ, against General Motors Corporation, alleging employment discrimination, breach of contract and other violations of law, and also has pending a workers' compensation claim and claims of discrimination with the EEOC and Michigan Department of Civil Rights.

WHEREAS, the parties have now agreed to compromise all their claims and defenses, and to dismiss the above referenced lawsuits with prejudice and without costs awarded to any party, and dismiss with prejudice all other remaining claims including those pending before the EEOC, Michigan Department of Civil Rights and workers' compensation bureau;

NOW THEREFORE, IN CONSIDERATION of the mutual agreements contained herein, without regard to any other statements, representations or considerations, it is agreed as follows:

1. That Plaintiff and Defendant hereby agree to the dismissal, with prejudice and without costs to any party, of the action known as Napoleon Quick Jr. v. General Motors Corporation, Case No. 83-334957-CZ.

2. That Plaintiff and Defendant agree to a voluntary dismissal with prejudice of any other pending claims including those filed with the EEOC or Michigan Department of Civil Rights.

* * * * * *

7. That this Settlement Agreement and Full and Final Release of Claims is intended as a full settlement and compromise of each, every and all rights and claims of every kind and nature which Plaintiff has, or may have, against Insurance Company, its officers, directors, shareholders, subsidiaries, agents and employees and the heirs, executors, administrators, successors and assigns of any one or more of them. No claim, right or cause of action is reserved.

* * * * * *

12. That this Settlement Agreement and Full and Final Release of Claims contains the entire agreement between the parties hereto regarding Case No. 83-334957-CZ in that no other representations, promises or inducements have been made by General Motors Corporation, its officers, agents or employees other than as appear in this statement. The terms hereof are contractual and not mere recitals.

Exhibit E, attached to Defendant's motion for summary judgment, filed March 28, 1988 (emphasis added). Further, paragraph 6 of this settlement agreement provides as follows:

6. That Napoleon Quick, Jr., for and in consideration of the sum of One Hundred Ten Thousand Dollars ($110,000.00) payable to Napoleon Quick Jr., divided as One Hundred Thousand Dollars ($100,000.00) for the personal injuries allegedly sustained as a result of allegations set forth in Case No. 83-334957-CZ; and Ten Thousand Dollars ($10,000.00) for redemption of the workers' compensation claim; and the sum of Ten Thousand Dollars ($10,000.00), payable to Gary R. Dettloff and __________ as attorney fees regarding Case No. 83-334957-CZ and the workers' compensation claim, the receipt and sufficiency of which is hereby acknowledged, does for himself, his attorneys, heirs, executors, administrators, successors and assigns, hereby fully, finally and forever release and discharge General Motors Corporation, its officers, subsidiaries, agents and employees, including the Metropolitan Life Insurance Company, of and from all claims, demands, actions, causes of action, EEOC or Michigan Department of Civil Rights charges, suits, damages, losses and expenses of any and every nature whatsoever, including, but not limited to, attorney fees, medical expenses, those claims of intentional infliction of emotional distress, assault, battery, retaliation, negligence, negligent appraisal, harassment, unlawful discrimination due to age, breach of contract, asserted or which may have been asserted by or on behalf of Napoleon Quick Jr., against General Motors Corporation, its officers, agents, employees, subsidiaries and insurance carriers including the Metropolitan Life Insurance Company, in Case No. 83-334957-CZ, the workers' compensation case or any other matter including Plaintiff's separation from employment with General Motors Corporation, as of the date of the signing of this Settlement Agreement and Full and Final Release of Claims.

Exhibit E (emphasis added). On October 23, 1987, Judge Watts granted the Defendant's motion to enforce the settlement agreement. Exhibit D to Defendant's motion for...