Rodgers v. Fisher Body Div., General Motors Corp.

• Decision Date: 24 November 1982
• Docket Number: No. G79-514 CA.,G79-514 CA.
• Citation: 575 F. Supp. 12
• Parties: Sammie J. RODGERS, Plaintiff, v. FISHER BODY DIVISION, GENERAL MOTORS CORPORATION, Defendant.
• Court: U.S. District Court — Western District of Michigan

575 F. Supp. 12

Sammie J. RODGERS, Plaintiff, v. FISHER BODY DIVISION, GENERAL MOTORS CORPORATION, Defendant.

No. G79-514 CA.

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

November 24, 1982.

Frances McIntyre-Leonard, Detroit, Mich., for plaintiff.

Thomas G. Buford, Howard & Howard, Kalamazoo, Mich., for defendant.

OPINION

BENJAMIN F. GIBSON, District Judge.

This is an employment discrimination action pursuant to 42 U.S.C. § 1981. Plaintiff alleged that he was a victim of intentional racial discrimination because he was separated from his employment as a temporary plant security guard while another was offered a permanent guard position. After four days of trial a jury awarded plaintiff $300,000 as compensatory damages and $500,000 as punitive damages. Presently before the Court are defendant's motion for judgment notwithstanding the verdict (judgment n.o.v.) and motion for new trial or in the alternative, for remittitur.

Defendant contends that the award of punitive damages is unsupported by the evidence and excessive, and that the verdict is against the weight of the evidence. It also argues that the Court erred in its instruction on punitive damages, that the jury was improperly allowed to interpret the collective bargaining agreement, and that the verdict was in part caused by improper and prejudicial closing argument.

The preferred formulation of the standard for deciding a motion for judgment n.o.v. is that it should be granted only when reasonable minds could not differ that the conclusions to be drawn from the evidence should be in favor of the moving party. On the other hand, a judgment n.o.v. should be denied where there is sufficient evidence to raise a question of fact for the jury. Morelock v. NCR Corp., 586 F.2d 1096 (6th Cir.1978) cert. denied, 441 U.S. 906, 99 S.Ct. 1995, 60 L.Ed.2d 375 (1979). The Morelock court stated further:

In determining whether the evidence is sufficient, the trial court may neither weigh the evidence, pass on the credibility of witnesses nor substitute its judgment for that of the jury. Rather, the evidence must be viewed in the light most favorable to the party against whom the motion is made, drawing from that evidence all reasonable inferences in his favor.

586 F.2d at 1104. Accord, Hildebrand v. Board of Trustees of Michigan State University, 662 F.2d 439 (6th Cir.1981), cert. denied, 456 U.S. 910, 102 S.Ct. 1760, 72 L.Ed.2d 168 (1982).

In contrast to testing the legal sufficiency of the evidence in a motion for judgment n.o.v., a motion for new trial "is confined almost entirely to the exercise of discretion on the part of the trial court." Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 36, 101 S.Ct. 188, 191, 66 L.Ed.2d 193 (1980). A new trial may be granted where the verdict rendered is contrary to the clear weight of the evidence, or excessive, or to prevent a miscarriage of justice. Peacock v. Board of Regents, 597 F.2d 163 (9th Cir.1979). A new trial would also be warranted when a verdict is reached on account of bias, passion, prejudice, corruption or other improper motive. King v. Ford Motor Co., 597 F.2d 436 (5th Cir.1979). However, a trial court does not properly grant a new trial merely because it might have come to a result different from that reached by the jury. Rios v. Empresas Lineas Maritimas Argentinas, 575 F.2d 986 (1st Cir.1978).

In the exercise of its discretion the trial court may condition an order for a new trial upon the failure of the plaintiff to remit a portion of the award which the court deems excessive. See Burnett v. Coleman Co., 507 F.2d 726 (6th Cir.1974). Such remittitur requires the trial judge to exercise a mature, judicial discretion in viewing the verdict in the light of the whole setting of the trial, the character of the evidence, and the complexity or simplicity of the legal and factual issues; and his discretion should be exercised to nullify a seriously erroneous result and to prevent a miscarriage of justice. 6A Moore's Federal Practice ¶ 59.053 (2d ed. 1982). An abuse of discretion in granting remittitur will be found only where the quantum of damages found by the jury was clearly within the maximum limit of a reasonable range. Smith v. John Swafford Furniture Co., Inc., 614 F.2d 552 (6th Cir.1980).

Thus, the motions before the Court require careful scrutiny of the entire record. The evidence at trial established that plaintiff was a well-qualified candidate for a position as plant security guard. He had some military experience and two years of specialized training in scientific crime detection as well as three years' experience as a security guard in a shopping center. Although it was unusual for plant patrolmen to have any education beyond high school, plaintiff had completed a master's degree. The chief of security recorded among his interview conclusions that plaintiff "seems very capable" and "would probably make a very good employ."

Plaintiff was one of several temporary guards to be hired as vacation replacements. He was told from the start that he would be in the running for a permanent position which was expected to open up during his period of temporary employment. Plaintiff was very interested in a permanent position and was quite conscious of performing his job well — he avoided absenteeism and tardiness, and never refused a request for overtime work, working in 5½ months a total of 272 hours over and above the regular 48-hour work week.

On June 21, 1977, several days after plaintiff was hired, Jeffrey Bodary, a white man who eventually received the permanent position, was also hired as a temporary guard. He too was considered wellqualified, with some college training in law enforcement, and was hoping for a permanent position as well.

Mr. Bodary received two full weeks of training, while plaintiff was trained for only three or four days. There was testimony which suggested that Mr. Bodary received some coaching from his superiors about how to make himself look good as a candidate for the permanent position, whereas plaintiff did not receive such coaching.

A notation appears on Mr. Bodary's personnel record as follows: "Starting 9-5-77 will replace O. Kent who retired." September 5 was less than halfway through the six-month probationary period which plaintiff was told would be the basis of the decision about the permanent position. At trial, no one from General Motors was able to identify the source of this notation or explain it with anything more than conjecture.

In October and November, plaintiff was "written up" on an Officer's Special Report on several occasions. Plaintiff had credible explanations for each and every one of these incidents. One report involved late relief at a post by plaintiff as part of a relay system. Plaintiff explained that there had been a mix-up over the location of the field glasses, and that, pursuant to common practice, he had stopped at the infirmary for some cold relief medication. There was testimony that late relief was not uncommon, and that no one had ever been written up for late relief before.

A second incident involved plaintiff crossing a trainwell by climbing on a boxcar in an area where signs warned pedestrians not to do so. Plaintiff testified that there were other areas in the plant where warning signs were not considered applicable to patrolmen, that no one ever told him this one was any different, and that he had done so in an effort to comply with two urgent directions from a foreman and the dispatcher.

A third incident involved an alleged failure to follow appropriate fire reporting procedures or give the correct location. However, there was testimony that plaintiff reported the location as it was told to him, and that plant firemen could not be notified because they were not on duty at the time.

A final incident involved an accusation of stealing candy from the company canteen. The accusation was based on the presence of plaintiff's logbook in the canteen, but plaintiff explained to Chief Rosen's satisfaction that plaintiff had unlocked the canteen for an authorized employee and had mistakenly left the logbook there in the process of doing so.

In late November, plaintiff was called into a meeting with Chief Rosen and others. These previous incidents were discussed, and plaintiff was told that Jeff Bodary had been selected for the permanent position and that plaintiff would be laid off. Plaintiff repeatedly asked for union representation at this meeting but was denied. Plaintiff testified that Chief Rosen put his arm around plaintiff's shoulders and stated, "You don't think there's anything racial involved in this incident, to sic you."

Following his separation from employment, plaintiff filed a grievance which the union pursued through several steps. It was contended, among other things, that since plaintiff was hired before Mr. Bodary, and they were both qualified for the permanent position, plaintiff should have been offered it by virtue of his seniority. Mr. Bodary testified that that had been his understanding. The plant management contended that plaintiff had no seniority rights as a temporary employee under the national collective bargaining agreement.

Plaintiff attempted to transfer to another G.M. facility which had openings. He was told that he could not be hired because the Fisher Body plant at which he had worked was giving him a bad reputation. Plaintiff's union representative, Lyle McFadden, testified that at a meeting with Chief Rosen they discussed whether plaintiff had been "disciplined" or laid off:

So, I turned to him and I said okay, if Sammie Rodgers was laid off, everybody else that's been laid off at Fisher Body put in an application at Olds, they are hiring, why can't he go over there and be hired. Rosen then turned and laughed and said I wouldn't do that to Husby, Chief Husby at Oldsmobile. And so, I said, so you are telling me a story then that there is something that you are not telling me.

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