Thompson v. Kn Energy, Inc.
| Decision Date | 13 December 2001 |
| Docket Number | No. 99-4115-DES.,99-4115-DES. |
| Citation | 177 F.Supp.2d 1238 |
| Parties | Ann K. THOMPSON, Plaintiff, v. KN ENERGY, INC., Defendant. |
| Court | U.S. District Court — District of Kansas |
James E. Benfer, David O. Alegria, McCullough, Wareheim & LaBunker, P.A., Topeka, KS, for Plaintiff.
Eric B. Metz, Jerald W. Rogers, Triplett, Woolf & Garretson, LLC, Wichita, KS, for Defendant.
This matter is before the court on defendant's Motion for Summary Judgment (Doc. 87). Plaintiff has filed a Response (Doc. 98), and defendant has filed a Reply (Doc. 100). In this employment discrimination/termination case, plaintiff brings multiple claims under federal and state law. For the reasons discussed below, defendant's motion is granted in part and denied in part.
The following facts concerning plaintiff's claims are either uncontroverted or, if controverted, are construed in a light most favorable to plaintiff.
On April 1, 1997, defendant acquired the Bushton, Kansas, Gas Gathering and Processing Plant ("Bushton") from the previous owner/operator, Enron Corporation ("Enron"). Bushton is one of the largest natural gas processing facilities in North America. The facility contains both extraction and natural gas liquids ("NGL") fractionation units as well as a large underground NGL storage facility. Relevant to this matter, Bushton's physical assets include a building known as RTU-8. The structure houses temperature-sensitive electronic monitoring equipment.
Plaintiff was hired by Enron in November of 1990, and she continued to work at Bushton after the facility was acquired by defendant. The record before the court is unclear as to exactly where plaintiff worked in Bushton while the facility was owned by Enron. It appears that during this time plaintiff worked in multiple areas of the facility, including the NGL storage field and hydrocarbon extraction plant. It is uncontroverted, however, that in August of 1997, plaintiff was transferred to work exclusively in the storage field. Throughout her tenure at Bushton, plaintiff's job title was "plant operator."1 As an operator, plaintiff was responsible for the operation of compressors, engines, auxiliary units, turbines, motors, cooling equipment, pumps, and related processing equipment. The job also required plaintiff to take samples and perform tests to monitor Bushton's on-going operations.
On July 5, 1996, while still employed by Enron, plaintiff sustained an on-the-job injury to her left elbow. Plaintiff was apparently using a wrench to adjust a pipe when the wrench swung and contacted plaintiff's left elbow. The submitted medical evidence shows plaintiff suffered a radial head fracture and an ulnar nerve injury. The accident, however, did not require plaintiff to miss any work. Plaintiff subsequently filed a workers' compensation claim with respect to the July 5, 1996, injury. This workers' compensation claim is the only claim plaintiff filed, which is relevant to the presently pending action. The workers' compensation claim was subsequently settled in July of 1997.
On October 26, 1997, plaintiff was scheduled to work the 5:30 a.m. to 5:30 p.m. "daylight" shift. The weather conditions were poor; some sleet or snow was falling. Plaintiff was joined by her coworkers Chris Montoya ("Montoya") and Bill Wilder ("Wilder") on the daylight shift.
Shortly after arriving for work, Montoya started a Ford pick-up truck in order to warm it up and thaw the ice off the windshield so it could be used by plaintiff. It is unknown whether any other employees had driven the truck during the preceding night shift. It is also uncontroverted that additional employees had access to the truck during the daylight shift. In any event, plaintiff began operating the truck at 5:45 a.m.
According to Wilder's deposition, between approximately 6:20 a.m. and 7:00 a.m., he witnessed plaintiff drive the truck near the RTU-8 building and enter the building. After exiting and reentering the truck, the truck pulled forward and then stopped. Plaintiff walked to the front of the truck, then got back into the truck, backed-up, and drove away. At some point in the day, Montoya observed damage to the front bumper of the truck and asked plaintiff and Wilder what had happened to the truck. At approximately 5:00 p.m., Wilder was walking in the vicinity of building RTU-8. He heard something that sounded like a gas leak, and upon investigation, discovered a two-inch gas riser was cracked and blowing fuel gas. Temporary measures were immediately undertaken to stop the leak and secure the area. It is uncontroverted that the fuel leak represented a serious danger to property and human life.
Defendant's "Incident Investigation Team" began its investigation of the gas riser leak the following day. The investigation revealed that tire tracks led up to the cracked gas riser and the marks on the bumper of the truck matched the impact damage on the fuel line and pipe guard. Plaintiff, Montoya, and Wilder were interviewed regarding the incident. During these interviews, plaintiff denied any knowledge of the leak. Plaintiff did indicate she had some trouble with her original gloves, and upon returning to the truck to gather a pair of lighter gloves she may have "bumped" the gear shifter and accidently slipped the truck into neutral. In this position, according to plaintiff, it was possible for the wind to blow the truck forward.
On November 3, 1997, plaintiff was suspended with pay pending the remainder of the investigation. Plaintiff was later discharged on November 13, 1997. According to defendant, plaintiff was discharged because it was determined she was responsible for the gas riser leak and failed to report the incident. It is uncontroverted plaintiff was aware company policy required reporting of accidents and a failure to report, where safety was at issue, could lead to termination of employment. Plaintiff was informed she could appeal her discharge.
Plaintiff subsequently completed and filed a "Complaint of Involuntary Termination" with defendant on December 5, 1997. In response to plaintiff's complaint and request for second-level review, a new fact-finding investigation was overseen by defendant's General Operations Manager, Pierce Norton. The second investigation found plaintiff's discharge was appropriate. Plaintiff opted to pursue the third step of the internal appeals process. During this phase, Christine Arthun from defendant's Environmental and Safety Department conducted a safety investigation with respect to the gas riser incident. This third investigation occurred at Bushton in April of 1998. At the end of the third level of review, it was determined by Michael Crisman, Vice President of Operations, that plaintiff's dismissal was appropriate.
The Pretrial Order (Doc. 85) reveals plaintiff brings five claims against defendant: (1) failure to accommodate claim pursuant to the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101 et seq.; (2) retaliation claim also pursuant to the ADA; (3) sexual harassment/hostile work environment claim pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq.; (4) disparate treatment/discriminatory discharge claim also pursuant to Title VII; and (5) state law workers' compensation retaliation claim.
Summary judgment is appropriate if the moving party demonstrates that there is "no genuine issue as to any material fact" and that it is "entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). The rule provides that "the mere existence of some alleged factual dispute between the parties will not defeat an otherwise properly supported motion for summary judgment; the requirement is that there be no genuine issue of material fact." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247-48, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The substantive law identifies which facts are material. Id. at 248, 106 S.Ct. 2505. A dispute over a material fact is genuine when the evidence is such that a reasonable jury could find for the nonmovant. Id. "Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment." Id.
The movant has the initial burden of showing the absence of a genuine issue of material fact. Shapolia v. Los Alamos Nat'l Lab., 992 F.2d 1033, 1036 (10th Cir. 1993). The movant may discharge its burden "by `showing'-that is, pointing out to the district court-that there is an absence of evidence to support the nonmoving party's case." Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The movant need not negate the nonmovant's claim. Id. at 323, 106 S.Ct. 2548. Once the movant makes a properly supported motion, the nonmovant must do more than merely show there is some metaphysical doubt as to the material facts. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The nonmovant must go beyond the pleadings and, by affidavits or depositions, answers to interrogatories, and admissions on file, designate specific facts showing there is a genuine issue for trial. Celotex, 477 U.S. at 324, 106 S.Ct. 2548 ( Fed. R.Civ.P. 56(e)). Rule 56(c) requires the court to enter summary judgment against a nonmovant who fails to make a showing sufficient to establish the existence of an essential element to that party's case, and on which that party will bear the burden of proof. Id. at 322, 106 S.Ct. 2548. Such a complete failure of proof on an essential element of the nonmovant's case renders all other facts immaterial....
To continue reading
Request your trial
-
Jones v. United Parcel Service, Inc.
...life activities of lifting and working); Aucutt v. Six Flags Over Mid-Am., Inc., 85 F.3d 1311, 1319 (8th Cir.1996); Thompson v. KN Energy, Inc., 177 F.Supp.2d 1238, 1249-52 (35-pound lifting restriction not sufficient to establish disability); Greene v. United Parcel Serv., Inc., 125 F.Supp......
-
Carpenter v. Wal-Mart Stores, Inc.
...retaliation "was like or reasonably related to" his statutory rights stemming from the ADA. Id.; see also Thompson v. KN Energy, Inc., 177 F.Supp.2d 1238, 1254-55 (D.Kan.2001) (granting summary judgment against plaintiff for failing to exhaust administrative remedies under the ADA when mark......
-
Adams v. Giant Food, Inc., CIV.JFM-99-1244.
...box marked "Retaliation" in his EEOC charge. See, e.g., Auston v. Schubnell, 116 F.3d 251, 254 (7th Cir.1997); Thompson v. KN Energy, Inc., 177 F.Supp.2d 1238, 1254 (D.Kan. 2001).6 It is dispositive that Howard did not mention the word "retaliation" in his EEOC charge and did not make any a......
-
Desanzo v. AHS Southcrest Hosp., LLC
...grounded on the legitimate justification, the correctness, wisdom, or fairness of the decision is irrelevant. Thompson v. KN Energy, Inc., 177 F. Supp. 2d 1238, 1258 (D. Kan. 2001). Ms. DeSanzo attempts to cast doubt on the hospital's sincerity by suggesting that, were another nurse the sub......