Ragan v. Jeffboat, LLC

• Decision Date: 18 June 2001
• Docket Number: No. NA 00-31-C-B/S.,NA 00-31-C-B/S.
• Citation: 149 F.Supp.2d 1053
• Parties: James RAGAN, Plaintiff, v. JEFFBOAT LLC, Defendant.
• Court: U.S. District Court — Southern District of Indiana

149 F.Supp.2d 1053

James RAGAN, Plaintiff, v. JEFFBOAT LLC, Defendant.

No. NA 00-31-C-B/S.

United States District Court, S.D. Indiana, New Albany Division.

June 18, 2001.

COPYRIGHT MATERIAL OMITTED

Samuel G. Hayward, Nicolas Welsh & Hayward, Louisville, KY, for Plaintiff.

Donna King Perry, Woodward Hobson & Fulton, Louisville, KY, for Defendants.

ENTRY ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BARKER, District Judge.

I. Introduction.

This is a disability discrimination case brought pursuant to the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq. The plaintiff, James Ragan, alleges that his former employer, Jeffboat, LLC, failed to make reasonable accommodation for him with respect to his disability—a back condition which, he alleges, substantially limits him in the major life activities of walking and working—or, alternatively, that Jeffboat mistakenly regarded him as disabled and disqualified him from work based on its erroneous perception.

The case is before the Court on Jeffboat's motion for summary judgment on both claims. For the following reasons, Jeffboat's motion is GRANTED with respect to Mr. Ragan's "actual" disability claim, but DENIED with respect to Mr. Ragan's "regarded as" disabled claim.

II. Statement of Facts

The following facts are either undisputed or are stated in a light reasonably most favorable to the plaintiff.

Jeffboat operates an eighty-five acre shipyard on the banks of the Ohio River in Jeffersonville, Indiana. Its primary business is building barges, tugboats, and other marine products for use on inland rivers. It employs about 800 hourly employees, distributed among three work shifts, during five or six day weeks depending upon production demands. The hourly employees are governed by a collective bargaining agreement between the company and General Drivers Warehousemen and Helpers Union, Local 89. Defendant's Statement of Material Relevant Facts (Hereafter "Def. Facts") ¶¶ 1, 2. 3.

In 1985, Mr. Ragan sustained a workrelated back injury while employed at Whayne Supply, his former employer. Def. Facts ¶ 8; Plaintiff's Supplemental Response to Statement of Facts Set Forth in Defendant's Amended Memorandum in Support of Summary Judgment (hereafter "Pl. Supp. Response"), ¶ 8. In December 1986, Mr. Ragan underwent lumbar fusion surgery at the L5 S1 level. Pl. Supp. Response ¶ 9. As a result of the back injury and the fusion surgery, Mr. Ragan was unable to work for more than two years. Pl. Supp. Response ¶ 10. Whayne terminated Mr. Ragan's employment. Def. Facts ¶ 11; Pl. Supp. Response ¶ 11. The surgery to correct Mr. Ragan's back condition failed. Def. Facts ¶ 12; Pl. Supp. Response ¶ 12. Mr. Ragan's doctor, Richard Holt, recommended that, in view of Mr. Ragan's condition and functional abilities, Mr. Ragan should not undergo another operation. Pl. Supp. Response ¶ 13; Pl. Add. Facts ¶ 4.¹

Mr. Ragan applied for a job at Jeffboat in April 1990. He disclosed his 1985 back injury on his employment application. Def. Facts ¶¶ 14, 15. The company offered Mr. Ragan a position as an Outside Machinist, on the condition that Mr. Ragan successfully undergo a physical examination. Def. Facts ¶ 16. It appears from Def. Ex. 2 that Mr. Ragan informed Jeffboat that he had been injured, had undergone an operation, and had worn a back brace at work. It also appears from Def. Ex. 2 that he mentioned Dr. Holt's name, which appears on the exhibit in a handwriting apparently other than Mr. Ragan's. During the examination, Jeffboat's doctor asked Mr. Ragan about his back condition. Def. Facts ¶ 17. Mr. Ragan testified that the doctor—whom neither party identifies (see Ragan Dep. 117)—told Mr. Ragan that he phoned Mr. Ragan's physician, Dr. Holt, and discussed Mr. Ragan's physical restrictions with Dr. Holt. Pl. Supp. Response ¶¶ 19, 20.

Mr. Ragan passed the physical examination, although the examining doctor noted that Mr. Ragan should "avoid any unusual lifting." Def. Ex. 2. What "unusual lifting" means remains a mystery on the summary judgment record, although Mr. Ragan testified that the examining physician asked him whether he could lift fifty pounds and Mr. Ragan responded that he could by lifting properly. Ragan Dep., 118-119. In May 1990, after he passed the physical examination, Jeffboat hired Mr. Ragan as an Outside Machinist. Def. Facts ¶ 22.

A year later, Mr. Ragan was transferred to the position of First Class Mechanic. Def. Facts ¶ 23; Pl. Supp. Response ¶ 23. Upon his transfer, Mr. Ragan was one of five First Class Maintenance Mechanics on the first shift. Def. Facts ¶ 24. William Hardison was the Maintenance Manager who oversaw the entire Maintenance Department. Def. Facts ¶ 25.

The job duties of a First Class Maintenance Mechanic are outlined in the collective bargaining agreement:

This classification consists of all necessary machine work as indicated on job blueprints or manufacturer specification manuals which the worker must be able to read. (Involves dismantling, repairing and re-assembling of light and heavy facilities machinery.) Must be able to make up bill of material for job to which assigned. May operate the equipment assigned to repair to check for proper operation and/or adjustment. Should be able to detect mistakes of workers who have preceded and correct same. Must work to very close specifications. Aligns machinery on proper foundations. Sets up and operates boring bar and other equipment necessary to perform maintenance and repair functions.

Def. Facts ¶ 26, Def. Ex. 1; Pl. Add. Facts ¶ 16. Although Mechanics perform regularly-assigned duties, they also may be called away from their regular duties to perform any maintenance job or repairs according to priorities defined by their supervisors. Def. Facts ¶¶ 28, 29. Such duties might include crane repairs, air compressor repairs, jack repairs, field repairs, press and shear repairs, surface prep work, wire installation on cranes, replacing wheels on the gantry², vehicle repairs, oiling and paint pump repairs. Def. Facts ¶ 333-34.

Sometime in 1998, Mr. Ragan was assigned the oiling function on a daily basis after another Mechanic left the Company. Def. Facts ¶ 37. The oiling function requires the Mechanic to climb the gantry by elevated walkways and ladders; the oiler lubricates various parts and inspects the crane. Second Class Mechanics ordinarily perform the oiling function, while repairs are performed by First Class Mechanics. Def. Facts ¶ 38; Pl. Supp. Response ¶ 38. Prior to being assigned the daily function of oiling, Mr. Ragan performed that function only when the assigned oiler was on vacation, sick, or out for some other reason. On average he personally performed the function only three days per year. Def. Facts ¶ 39. Marshall Blankenship and Henry Reynolds—two experienced Maintenance Mechanics, testified that First Class Mechanics performed the oiling task only when the assigned oiler was out. Blankenship EEOC Aff. (Def.Ex.5); Reynolds EEOC Aff. (Def.Ex.6). Also see Def. Facts ¶ 38; Pl. Add. Facts ¶ 22.

Mr. Ragan performed the gantry oiling function for several months without complaint. Although he experienced pain during this period, he first complained after three months to his immediate supervisor, Warren Payne, that performing these tasks was too hard on his back. Def. Facts ¶¶ 41, 42; Pl. Add. Facts ¶¶ 25, 26. Around June 1998, Mr. Ragan slipped on a gantry ladder and sustained an injury requiring him to be off work for four weeks. Def. Facts ¶ 43; Pl. Add. Facts ¶ 28. When Mr. Ragan was injured, a Second Class Mechanic was assigned the oiling function. Pl. Add. Facts ¶ 29. Upon returning to work, Mr. Ragan was reassigned from the task of oiling the gantries and placed in the position of oiling the rail crane. Def. Facts ¶ 44; Pl. Add. Facts ¶ 30. On March 18, 1999, Mr. Ragan complained to Maintenance Manager Hardison that oiling the rail crane was hurting his back. Def. Facts ¶ 45. Mr. Hardison, who stated that oiling the rail crane was the least physically demanding job for a First Class Mechanic, told Mr. Ragan that if he couldn't do that job, he couldn't do any. Def. Facts ¶ 45; Pl. Add. Facts ¶ 32.

Mr. Ragan informed Jeffboat's Safety Director, Steve Morris, that the rail crane oiling job was aggravating his back condition and that it violated the medical restrictions in place at the time of his hire. Upon review of Mr. Ragan's medical file, the only restriction noted was to "avoid unusual lifting." Mr. Ragan told Mr. Morris that there should be more restrictions than lifting. Def. Facts ¶¶ 47, 48; Pl. Add. Facts ¶¶ 33, 34, 35.

In order to clarify Mr. Ragan's condition and restrictions, the Company scheduled an appointment with Mr. Ragan's neurosurgeon, Dr. Richard Holt. Def. Facts ¶ 49; Pl. Add. Facts ¶ 36. On March 26, 1999, Dr. Holt examined Mr. Ragan and placed the following restrictions on him:

The patient's activities are limited to jobs that will not require heavy manual labor. Our suggested restrictions are:

• Avoid vibratory stress such as prolonged driving or heavy equipment operation;

• Avoid prolonged sitting or standing in one position over 45 min at a time;

• Avoid lifting from the floor or working overhead;

• Avoid repetitive bending, stooping or squatting;

• May lift 20 lbs. frequently and 50 lbs. occasionally

• Walking up or down inclined surfaces should be avoided.

The patient would do best at a job that would allow bench top work with light parts.

Def. Facts ¶ 49, 50; Def. Ex. 9; Pl. Add. Facts ¶ 37. Dr. Holt later testified that Mr. Ragan was subject to the same restrictions in March 1999 that he had been subject to in 1990. Pl. Add. Facts ¶ 71; Pl. Supp. Resp. ¶ 79; Holt Dep., 8. Dr. Holt testified that, as of April 2000, there was no physical reason Mr. Ragan could not perform the job he had been performing from 1990-1999 and that any deterioration in his ability was owing to normal aging. Holt Dep., 10-11, 19.

The same day as his...