Webner v. Titan Distribution Inc.

• Decision Date: 13 April 2001
• Docket Number: No. 00-2941,00-2941
• Citation: 267 F.3d 828
• Parties: (8th Cir. 2001) RANDALL HERBERT WEBNER, APPELLEE, v. TITAN DISTRIBUTION, INC, APPELLANT. Submitted:
• Court: U.S. Court of Appeals — Eighth Circuit

Page 828

267 F.3d 828 (8th Cir. 2001)

RANDALL HERBERT WEBNER, APPELLEE, v. TITAN DISTRIBUTION, INC, APPELLANT.

No. 00-2941

UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT

Submitted: April 13, 2001

Filed: October 9, 2001

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

[Copyrighted Material Omitted] Before Mcmillian, Loken, and Hansen, Circuit Judges.

Hansen, Circuit Judge.

Randall Webner sued his employer, Titan Distribution, Inc. (Titan), alleging that Titan had discriminated against him in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213 (1994 & Supp. IV 1998), and also asserted a state law claim that Titan retaliated against him by terminating his employment after he filed a workers' compensation claim. The jury agreed as to both claims, returning a verdict in Webner's favor and awarding him compensatory and punitive damages. After the district court entered judgment on the verdict, Titan moved for judgment as a matter of law or, alternatively, a new trial, which the district court denied. We affirm the jury's liability finding on both the ADA claim and the supplemental state law retaliation claim, affirm the award of emotional distress damages, but reverse the jury's award of punitive damages.

I.

The record, when viewed in the light most favorable to Webner, shows the following facts. Webner began his association with Titan in 1991 while he was employed by Titan's predecessor, Neiman's, in Ventura, Iowa. Neiman's was a family-owned business specializing in brake and actuator assemblies that were mounted onto trailers. Neiman's primary customer was Titan, which ultimately purchased the Ventura facility in 1996. Webner's first job at Neiman's was as a truck driver charged with delivering axles, tires, and brake parts. In 1994, Webner suffered a work-related herniated disk in his back while unloading tires from his truck. Webner had surgery and was off work recovering for six months. Three months after returning to work in 1995, he suffered another work-related back injury while driving a truck with a broken seat. Doctors diagnosed Webner with a new herniated disk in his back. Webner underwent a second back surgery in March 1996 where doctors inserted a metal plate into his back. The second surgery left Webner with severe pain in his left leg and numbness in his foot. In July 1996, doctors removed the plate from Webner's back in hopes of ameliorating his pain and numbness. After extensive rehabilitation, Webner was able to return to work full time at Titan in January 1997--a year and a half after his second injury. Because Webner's former truck driving position had been eliminated when Titan purchased the Neiman's facility, Titan assigned Webner to the assembly line. Webner's physician imposed several work restrictions upon his return, including a lifting restriction that allowed him to lift up to 50 pounds on occasion, up to 35 pounds more frequently, and 15 to 25 pounds continuously. Webner was also restricted from twisting and bending no more than 12 times per hour.

During his first month back to work, Webner was having to bend and twist frequently when retrieving parts used on the assembly line. As a result, he had back spasms and was in constant pain. Webner's physician ordered him to take an approximate two-week leave from work and seek physical therapy. Upon return to Titan, Webner was required to obtain a medical release from the company's orthopaedic surgeon, Dr. Lynn Nelson. Dr. Nelson further restricted Webner's lifting capacity to no more than 15 pounds regularly, 25 pounds occasionally, and a maximum of 50 pounds. Dr. Nelson also imposed a graduated work schedule beginning with a five-hour work day and increasing to an eight-hour day over a four-week period. Webner returned to work on March 10, 1997. Titan provided Webner with a stool and elevated his work station to decrease the strain on his back. Subsequent to these accommodations, Webner's back discomfort decreased and his daily productivity as measured by the number of pieces he assembled was at an acceptable rate.¹

While Webner was recovering from his second surgery, he filed a workers' compensation claim. On February 24, 1997, in connection with the investigation of this claim, Webner's attorney requested permission to videotape Webner's work station at Titan. Titan refused this request, stating that videotaping its facilities was against company policy. Webner filed a motion on March 26, 1997, to compel Titan to allow the videotaping. On March 31, 1997, Webner's supervisor at Titan informed him that he was being terminated "due to [his] disability." (Appellee's App. at 61.) Webner was told that Titan had no positions to offer him that "fit [his] disability." (Id. at 62.)

Webner brought suit against Titan in October 1997, alleging Titan had violated the ADA and had retaliated against him for filing a workers' compensation claim in violation of Iowa law. Webner asserted that he was disabled within the meaning of the ADA because he was substantially limited in a major life activity, had a record of an impairment, and was regarded as impaired by Titan. On February 17, 2000, following a four-day trial, the jury awarded Webner $13,771 for lost wages and $25,000 for emotional distress damages. The jury also awarded Webner a total of $200,000 in punitive damages--$100,000 on each claim. The district court denied Titan's motion for judgment as a matter of law and for a new trial. Titan appeals the district court's order.

II.

A. ADA Claim

On appeal, Titan first challenges the finding that Webner was discriminated against, contending that Webner failed to establish a prima facie case under the ADA. We review the district court's denial of judgment as a matter of law de novo. Browning v. Liberty Mut. Ins. Co., 178 F.3d 1043, 1047 (8th Cir.), cert. denied, 528 U.S. 1050 (1999). We apply the same standard as the district court, viewing all the facts in Webner's favor and granting him all reasonable inferences. See Buckles v. First Data Res., Inc., 176 F.3d 1098, 1100 (8th Cir. 1999). "A jury verdict must be affirmed unless, viewing the evidence in the light most favorable to the prevailing party, we conclude that a reasonable jury could have not found for that party." Cross v. Cleaver, 142 F.3d 1059, 1066 (8th Cir. 1998) (internal quotations omitted).

A party seeking relief under the ADA must establish by a preponderance of the evidence that he (1) is disabled within the meaning of the act; (2) is qualified to perform the essential functions of his job with or without a reasonable accommodation; and (3) was terminated because of his disability. Aucutt v. Six Flags over Mid-Am., Inc., 85 F.3d 1311, 1318 (8th Cir. 1996). Titan contends that the court should have granted its motion for judgment as a matter of law because Webner's impairment is not a disability as defined by the ADA. The ADA defines a disability as: "(A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment." 42 U.S.C. § 12102(2); see Sutton v. United Air Lines, Inc., 527 U.S. 471, 478 (1999) (requiring actual, and not potential, limitation in order to establish a disability). Guidelines promulgated by the Equal Employment Opportunity Commission (EEOC) delineate several factors to assist in determining whether a disability comes within the protections accorded by the ADA, including the nature and severity of the impairment, the duration or expected duration of the impairment, and the long-term impact resulting from the impairment. 29 C.F.R. § 1630.2(j)(2).

Examining the evidence under the required standard, we hold that Webner presented evidence that could have allowed a rational jury to determine that his disability substantially limited one or more of his major life activities. A major life activity includes "caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working." 29 C.F.R. § 1630.2(i). We have previously recognized sitting, standing, lifting, and reaching to be considered major life activities. Helfter v. United Parcel Serv., Inc., 115 F.3d 613, 616 (8th Cir.1997); see also Bragdon v. Abbott, 524 U.S. 624, 639 (1998) (emphasizing that the regulations provide an illustrative, rather than exhaustive, list of major life activities). To be substantially limited, a person must be unable to perform a major life activity that the average person in the general population can perform, or be significantly limited in the condition, manner, or duration under which the individual can perform that activity as compared to an average person in the general population. Weber v. Strippit, Inc., 186 F.3d 907, 913 (8th Cir. 1999) (citing 29 C.F.R. § 1630.2(j)(1)), cert. denied, 528 U.S. 1078 (2000). Webner testified at trial that his back injury limited his ability to walk, to stand for long periods of time, to twist, and to bend at the waist without pain, which ultimately affected his ability to work. The jury also heard testimony from Dr. Nelson, stating that Webner had an impairment rating of 18% of the body as a whole after his three back surgeries, was only authorized to return to work incrementally subject to bending and lifting restrictions, and required physical therapy.

Furthermore, an individual is substantially limited in his ability to work under the ADA if the impairment "significantly restrict[s]" the individual's "ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities." 29 C.F.R. § 1630.2(j)(3)(i). At trial, a vocational expert testified on Webner's behalf that because of Webner's back injury, he was precluded from performing work that fell in the...