Wilson v. Lemington Home for the Aged
| Decision Date | 25 June 2001 |
| Docket Number | No. 99CV1893.,99CV1893. |
| Citation | 159 F.Supp.2d 186 |
| Parties | Marva J. WILSON, Plaintiff, v. LEMINGTON HOME FOR THE AGED, a nonprofit corporation t/d/b/a Lemington, Defendant. |
| Court | U.S. District Court — Western District of Pennsylvania |
Margolis Edelstein, Attn Charles H Saul, Pittsburgh, PA, for plaintiff.
Tucker Arensberg, Attn Homer L Walton, Pittsburgh, PA, for defendant.
ORDER OF COURT
Pending before the Court is Plaintiff's, Marva J. Wilson, Motion for Partial Summary Judgment as to Plaintiff's Family and Medical Leave Act ("FMLA") claims, 29 U.S.C. § 2601, et seq., (Docket No. 13) and Defendant's, Lemington Home for the Aged ("Lemington"), Motion for Summary Judgment as to Plaintiff's FMLA and Americans with Disabilities Act ("ADA") claims, 42 U.S.C. § 12101, et seq. (Docket No. 15). After careful consideration of the submissions filed by both parties, I grant Plaintiff's Partial Motion and deny Defendant's Motion in its entirety.
OPINIONDefendant is a nursing home facility that, at all relevant times, employed approximately 145 people. See, Plaintiff's Exhibit 1.1 In November of 1995, Plaintiff began working for Defendant as a clinical manager and in April of 1996, Plaintiff resigned. See, Depo. of Plaintiff, p. 24. Plaintiff was rehired on December 9, 1996, as the assistant director of nursing ("ADON"). See, Plaintiff's Depo., p. 27. On August 19, 1997, Plaintiff became the acting director of nursing. Id., p. 31. In November of 1997, Defendant hired L. Parker Hall as the director of nursing ("DON").
On November 4, 1997, a strike occurred at Defendant's facility, and Plaintiff was forced to work three consecutive shifts. See, Affidavit of Plaintiff, Exhibit 3, ¶ 7. During this time, Plaintiff was experiencing both physical and mental exhaustion. See, Affidavit of Stevenson, Exhibit 4, ¶ 11. She would cry openly at work before both employees and management. Id., at ¶ 14. For example, Plaintiff would display her emotions to Florine Stevenson, who at the time was the manager in the area of admissions, medical records and marketing. Concerned about Plaintiff, Ms. Stevenson spoke to Dr. Marion Rodriguez, the Administrator for Defendant, about how Mel Causey, Executive Director for Defendant, and Ms. Hall were treating Plaintiff by overworking her "to the point of exhaustion" and how Plaintiff was becoming "increasingly depressed and despondent." Id., at ¶ 19; see, Exhibit 17, p. 4.
After working a full shift on December 8, 1997, Plaintiff became physically ill with diarrhea. See, Exhibit 3, ¶ 11. Plaintiff's symptoms continued on December 9, 1997. As a result, she called into work and took a personal day. On December 10, 1997, her symptoms persisted and she called into work and spoke to Ms. Hall. She informed Ms. Hall that her condition "had regressed and that [she] was not only suffering from diarrhea, but also from vomiting and chest pain." See, Exhibit 3, ¶ 13. She also informed Ms. Hall that she was going to see her doctor, Dr. Maryellen Schroeder, on December 11, 1997. Id., ¶ 14. Dr. Schroeder diagnosed Plaintiff as suffering from clinical depression and prescribed PROZAC and counseling. See, Plaintiff's Depo., p. 80; see also, Affidavit of Schroeder, Exhibit 8, ¶ 4. In addition, Dr. Schroeder advised Plaintiff to take a medical leave of absence from work until January 11, 1998. See, Exhibit 16.
After her doctor's appointment, Plaintiff called Ms. Hall to inform her that Dr. Schroeder advised her "to stay home from work until at least January 11, 1998." See, Exhibit, 3 ¶ 15. At that time, Plaintiff did not indicate her exact diagnosis to Ms. Hall. During this conversation, Plaintiff did not specifically mention that she was taking this time pursuant to the FMLA or that she was requesting medical leave as a reasonable accommodation pursuant to the ADA. Ms. Hall advised Plaintiff, inter alia, that she required a note from Plaintiff's doctor concerning Plaintiff's condition. Id., ¶ 16; see also, Exhibit 15. Furthermore, it is undisputed that Plaintiff never received any written notice from Defendant regarding her obligations pursuant to the FMLA and Defendant's policies and procedures. See, Exhibit 3, ¶¶ 17-18.
On December 13, 1997, Plaintiff went to her office at Defendant's facility and retrieved personal and work related items out of fear that they may be stolen. See, Plaintiff's Depo., pp. 62-63.
On December 19, 1997, Kevin Jordan, Director of Human Resources for Defendant, called Plaintiff and verbally requested that she provide a medical certificate. See, Exhibit 3, ¶ 19. There is a dispute as to whether he mentioned the FMLA and the consequences of Plaintiff's failure to provide said certificate within a particular time frame. See, id; see also, Defendant's Brief in Support of its Motion, p. 4.
On December 22, 1997, Plaintiff had an appointment with Andrew Kolar, L.S.W., for the counseling prescribed by Dr. Schroeder. See, Exhibit 3, ¶ 21; see also, Exhibit 13. Plaintiff continued her counseling with Kolar until June 13, 1998, and continued with PROZAC beyond then. See, Plaintiff's Depo. pp. 126-29.
On December 25, 1997, Plaintiff suffered a severe panic attack, prompting Ms. Stevenson to call 911. See, Plaintiff's Depo. p. 58; see also, Exhibit 4, ¶ 26. Thereafter, Ms. Stevenson began to look after Plaintiff and organized the aid of other employees of Defendant to assist her in cooking and bathing Plaintiff. See, Exhibit 4, ¶ 29; Affidavit of Lillie Lee, Exhibit 24, ¶ 13.
On December 26, 1997, Jordan called Plaintiff again and informed her that he and not received the medical certificate from her doctor. See, Plaintiff's Depo. p. 66. She explained to him that Dr. Schroeder was out of the office until Monday, December 30, 1997, and she could not get it until then. Id. On December 29, 1997, Plaintiff received a letter of termination from Defendant. See, Exhibit 15; see also, Exhibit 3, ¶ 26. The letter states as follows:
On December 8, 1997, you called off sick. On December 11, 1997, you requested a leave of absence due to an unspecified illness. At that time, MS. L. Parker-Hall (Director of Nursing) informed you that you had to submit your medical certification by no later than the close of business on Friday, December 26, 1997, which you failed to do.
Pursuant to Lemington's FMLA policy, you were given 15 days to provide the requested medical certification in order to be granted a medical leave. Since you have failed to provide the requested medical certification within the 15 day period, your request for medical leave has been denied.
Because of your failure to cooperate by providing the requested medical certification and your removal of both personal and work-related items from your office while off, Lemington has deemed you to have voluntarily quit your employment effective today, Monday, December 29, 1997.
You must therefore, return any keys, badges and any other property belonging to Lemington Center to me immediately. Lemington will send your personal belongings, if any that remain on its premises, to you shortly.
On December 30, 1997, Plaintiff was seen by Dr. Schroeder. Dr. Schroeder wrote a letter to Jordan informing him that she advised Plaintiff to take a medical leave of absence until January 11, 1998, at which time she would need to be reevaluated. See, Exhibit 16. At that time, Plaintiff was only slightly better, so Dr. Schroeder continued to prescribe the Prozac and counseling. See, Affidavit of Dr. Schroeder, ¶ 5. Plaintiff was reevaluated by Dr. Schroeder on January 20, 1998. See, Affidavit of Dr. Schroeder, ¶ 6. Plaintiff was doing better, but Dr. Schroeder recommended that she remain off work for at least another eight weeks and continued treating her with Prozac for at least the next six months. Id. Plaintiff's Prozac was increased to 30 mg on March 2, 1998. Id., ¶ 7. As of February 2, 2001, Plaintiff has continued to take Prozac and her depression is ongoing. See, Affidavit of Dr. Lawrence Glanz, Exhibit 21.
On November 22, 1999, Plaintiff filed a three count Complaint against Defendant. See, Complaint. The first two counts are brought pursuant to the FMLA. Count I asserts a cause of action for violation of the FMLA for denying her medical leave. Count II asserts a cause of action for retaliation for taking the medical leave she requested. The third count asserts a cause of action pursuant to the ADA.
Initially, Plaintiff filed a Motion for Partial Summary Judgment as to her two FMLA counts. See, Docket No. 13. Defendant has cross filed a Motion for Summary Judgment as to Plaintiff's FMLA counts and has further filed a Motion for Summary Judgment as to Plaintiff's ADA claim. See, Docket No. 15. Plaintiff opposes Defendant's Motion for Summary Judgment.2 See, Docket No. 20. Thereafter, Defendant sought leave of court to file a reply brief on the issue of damages. I granted leave of court on February 13, 2001, and on February 16, 2001, Defendant filed its Reply Brief. See, Docket No. 23.
Summary judgment may only be granted if the pleadings, depositions, answers to interrogatories and admissions on file, together with any affidavits, show that there is no genuine issue as to any material facts and that the moving party is entitled to judgment as a matter of law. FedR.Civ.P. 56(c). A fact is material when it might affect the outcome of the suit under the governing law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Rule 56 mandates the entry of judgment, after adequate time for discovery and upon motion, against the party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
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