Willis v. Nucor Corp.

• Decision Date: 31 December 2008
• Docket Number: No. 10-07-00148-CV.,10-07-00148-CV.
• Citation: 282 S.W.3d 536
• Parties: Roger WILLIS, Appellant, v. NUCOR CORPORATION, Appellee.
• Court: Texas Court of Appeals

282 S.W.3d 536

Roger WILLIS, Appellant, v. NUCOR CORPORATION, Appellee.

No. 10-07-00148-CV.

Court of Appeals of Texas, Waco.

December 31, 2008.

Frederick Bostwick III, Beard Kultgen Brophy Bostwick & Dickson, Waco, for appellant.

David M. Minces, Alaniz & Schraeder LLP, Houston, for appellee.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

Roger Willis sued his former employer, Nucor Corporation, for retaliatory discharge for Willis's filing of a worker's compensation claim. See TEX. LAB.CODE ANN. § 451.001 (Vernon 2006). The trial court granted Nucor's motion for summary judgment, and Willis appeals. We will affirm.

Standard of Review

We review a trial court's summary judgment de novo. Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d 211, 215 (Tex.2003). In reviewing a summary judgment, we must consider whether reasonable and fair-minded jurors could differ in their conclusions in light of all of the evidence presented. See Goodyear Tire & Rubber Co. v. Mayes, 236 S.W.3d 754, 755 (Tex.2007). We must consider all the evidence in the light most favorable to the nonmovant, indulging every reasonable inference in favor of the nonmovant and resolving any doubts against the motion. See id. at 756.

Background

Willis was employed by Nucor for twenty-four years, working in the maintenance department of its Jewett steel mill. In September of 2004, he was injured while working, and a worker's compensation claim was filed for that injury. A few days later, Nucor terminated Willis's employment.

Nucor initially filed a no-evidence motion for summary judgment, and in response Willis filed summary-judgment evidence. The trial court denied the no-evidence motion. Nucor later filed a traditional motion for summary judgment on the "causal connection" element, and the trial court granted that motion.¹

Ruling on Objections to Summary-Judgment Evidence

Nucor filed objections to five affidavits and an "internet document" that Willis filed as summary-judgment evidence. The trial court did not issue a formal, written order ruling on Nucor's objections, but did make a docket-sheet entry stating that Nucor's objections were sustained. Willis asserts in his first issue that this summary-judgment evidence remains part of the summary-judgment record on appeal because the trial court did not issue a formal, written order sustaining Nucor's objections. Nucor replies that the trial court's docket-sheet entry satisfies the written-ruling requirement because it does not lead to speculation over the trial court's ruling.

We, along with numerous courts, have stated that docket-sheet entries do not suffice for "of-record" rulings on objections to summary-judgment evidence. See Eads v. American Bank, N.A., 843 S.W.2d 208, 211 (Tex.App.Waco 1992, no writ) (citing Utilities Pipeline Co. v. American Petrofina Mktg., 760 S.W.2d 719, 723 (Tex. App.-Dallas 1988, no writ)); accord In re K.M.B., 148 S.W.3d 618, 622 (Tex.App.Houston [14th Dist.] 2004, no pet.). We reaffirm that principle and again caution parties and advise trial courts on the importance of reducing summary-judgment objection rulings to formal, written orders of record. See Allen v. Albin, 97 S.W.3d 655, 663 (Tex.App.-2002, no pet.).

We have also held that we may infer an implicit ruling on objections to summary-judgment evidence, but only from the record. See id. at 662-63 (citing Dolcefino v. Randolph, 19 S.W.3d 906, 926 (Tex.App.-Houston [14th Dist.] 2000, no pet.) ("we cannot infer from the record in this case that the trial court implicitly overruled or implicitly sustained appellants' objections") (emphasis added)); see also Choctaw Props., L.L.C. v. Aledo Indep. Sch. Dist., 127 S.W.3d 235, 241 (Tex.App.-Waco 2003, no pet.) ("We cannot imply a ruling on Appellants' objections from this record.") (emphasis added). As noted above, the docket sheet is not part of the record, and we will not infer a ruling from a docket-sheet entry. We thus sustain in part Willis's first issue,² and we treat Nucor's objections as not having been ruled on by the trial court. In our discussion below on the summary-judgment evidence, we will address Nucors objections and the evidence at issue.

Causal Connection

The elements of a section 451.001 retaliatory discharge cause of action are:

1. An employee;

2. is discharged or discriminated against in any manner;

3. because the employee has filed a workers' compensation claim in good faith; and

4. that "but for" the employee's filing of a workers' compensation claim, the discharge would not have occurred when it did.

Alayon v. Delta Air Lines, Inc., 59 S.W.3d 283, 287 (Tex.App.-Waco 2001, pet. denied) (citing TEX. LAB.CODE ANN. § 451.001(1); Continental Coffee Prods. Co. v. Cazarez, 937 S.W.2d 444, 450 (Tex.1996); and Jenkins v. Guardian Indus. Corp., 16 S.W.3d 431, 435 (Tex.App.-Waco 2000, pet. denied)).

The last element is known as the "causal connection" or "causal link," and the employee has the burden to establish a causal link between the discharge and the filing of the workers' compensation claim. Continental Coffee, 937 S.W.2d at 450 (citing Continental Coffee Prods. Co. v. Cazarez, 903 S.W.2d 70, 77-78 (Tex.App.-Houston [14th Dist.] 1995)); Garcia v. Allen, 28 S.W.3d 587, 600 (Tex.App.-Corpus Christi 2000, pet. denied). This link may be established by direct or circumstantial evidence. Garcia, 28 S.W.3d at 600. Examples of circumstantial evidence sufficient to establish a causal link include: (1) knowledge of the compensation claim by those making the decision on termination; (2) expression of a negative attitude toward the employee's injured condition; (3) failure to adhere to established company policies; (4) discriminatory treatment in comparison to similarly situated employees; and (5) evidence that the stated reason for the discharge was false. Continental Coffee, 937 S.W.2d at 451 (citing Continental Coffee Prods. Co. v. Cazarez, 903 S.W.2d 70, 77-78 (Tex. App.-Houston [14th Dist.] 1995)); Jenkins, 16 S.W.3d at 435-36. These five examples are not necessary elements of the cause of action. Dallas Area Rapid Transit v. Johnson, 50 S.W.3d 738, 741 (Dallas 2001, no pet. h.). The workers' compensation claim also need not be the sole cause of the termination. Jenkins, 16 S.W.3d at 436.

Once a link between filing the claim and the discharge is established, it is the employer's burden to rebut the alleged retaliation by showing there was a legitimate reason for the discharge. Garcia, 28 S.W.3d at 600; Jenkins, 16 S.W.3d at 436. Thereafter, the burden shifts back to the employee to produce controverting evidence of a retaliatory motive. Id. The retaliatory motive may also be established by either direct or circumstantial evidence using the Continental Coffee examples. Texas Division-Tranter, Inc. v. Carrozza, 876 S.W.2d 312, 314 (Tex.1994) (per curiam); Jenkins, 16 S.W.3d at 436. The employee's subjective beliefs are, however, no more than conclusions. Texas Division-Tranter, 876 S.W.2d at 314.

Our initial inquiry is how to apply the shifting burdens in the summary judgment context. Jenkins, 16 S.W.3d at 441. In Jenkins, we decided that when the employer files its summary judgment motion, the employee has not been called on to produce evidence of the employer's motive. Id. Only after the employer's summary judgment evidence establishes a legitimate, non-discriminatory reason for the discharge is the employee required to come forward with summary judgment evidence of a retaliatory motive. Id. We follow the reasoning set forth in Jenkins.

Id. at 287-88.

Issue four asserts that the trial court erred in granting summary judgment because Willis raised a fact issue on the causal-connection element.

Legitimate, non-discriminatory reason for discharge

In this case, Nucor met its initial burden; its summary-judgment evidence established a legitimate, non-discriminatory reason for Willis's discharge. Willis had been injured on-the-job—a partial finger amputation—in January of 2004, and Nucor's April of 2004 "Record of Consultation" stated in part the following about that incident:

All injuries are disappointing but this one is especially disappointing. On September 16, 2003, Roger was issued a letter of commendation for his performance in safety. The letter was issued to demonstrate our confidence in what appeared to be [a] turn-around in Roger's regard for an accident free work place. As a leader, few things are more gratifying and exciting than to see a person drop old habits and perspectives and actively promote ones that are aligned with the division goals. Prior to this accident it appeared as though Roger was on board with the division goal of no accidents and challenging his peers to do the same. However, it appears that Roger struggles to recognize the risk associated with performing a task.

Since Roger started in 1982 he has had 22 accidents with varying degrees of severity, several of which have required medical attention[,] and this one is disfiguring. Roger has shown significant improvement the past three years in his safety performance and has been a positive influence on the new employees[,] but this accident broke his trend. Roger must constantly focus on the job at hand[,] and that is working safely. Reviewing Roger's history[,] it is apparent that he has difficulty recognizing potential unsafe conditions. Roger has been researching awareness training and is strongly encouraged to find and complete a course; we will help any way possible

Roger will be issued a 3-Day suspension for his failure to recognize a hazard that resulted in the amputation of his finger. It must be very clear that any safety violations going forward may result in the termination of Roger's employment. It must also be made clear that any demonstration of reluctance to fully commit to an accident free work place and any demonstration of reluctance to fully accept responsibility for this accident...