Anderson v. Procopy Technologies, Inc.

23 F. Supp. 3d 880, 29 Am. Disabilities Cas. (BNA) 1748, 2014 U.S. Dist. LEXIS 73284, 2014 WL 2217241
CourtDistrict Court, S.D. Ohio
DecidedMay 29, 2014
DocketCase No. 1:11-cv-912-HJW
StatusPublished
Cited by5 cases

This text of 23 F. Supp. 3d 880 (Anderson v. Procopy Technologies, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Procopy Technologies, Inc., 23 F. Supp. 3d 880, 29 Am. Disabilities Cas. (BNA) 1748, 2014 U.S. Dist. LEXIS 73284, 2014 WL 2217241 (S.D. Ohio 2014).

Opinion

ORDER

HERMAN J. WEBER, Senior District Judge.

Pending is the defendant’s “Motion for Summary Judgment” (doc. no. 22), which plaintiff opposes. Defendant has submitted proposed findings of fact and conclusions of law, which plaintiff has highlighted as true, false, or irrelevant (doc. no. 34). The Court held a hearing on May 14, 2014, at which counsel presented oral arguments. Having carefully considered the record, including the parties’ briefs, exhibits, proposed findings, oral arguments, and applicable authority, the Court will grant the motion for the following reasons:

I. Background and Procedural History

ProCopy Technologies, Inc. (“Pro-Source”) is a small Ohio company that sells [883]*883copy machines.1 ProSource hired Jeremy Anderson for the position of “warehouse clerk” (“Proposed Findings,” doc. no. 34, ¶ 5). He started working there on December 1, 2008 and was the only warehouse clerk in the warehouse (¶ 5). He reported to the logistics manager Dale Schneider, who supervised the warehouse (If 7). Anderson’s resumé indicated he had prior experience operating a forklift (doc. no. 25-2 at 2). ProSource sent Anderson for additional forklift training during his first week on the job, and he obtained a forklift operating permit on December 9, 2008 (Proposed Findings, doc. no. 34, If 9; see also, doc. no. 25-5, Portman Training Center, “Operator Safety Training” class). In addition to keeping computerized inventory and warehouse records, Anderson’s responsibilities included unloading copiers from arriving trucks, putting the copiers in the warehouse in stacks up to twenty feet high, and pulling them from the stacks for delivery to customers (And. Dep. at 99-100, 283; see also, Ex. 9 ProSource job description). He drove a forklift 3-4 days of each week (Proposed Findings, doc. no. 34, If 10), and by his own estimate, used a forklift for approximately 7.5 hours each week (doc. no. 35-1, And. Declaration, If 10). He received additional on-the-job training on driving, deliveries, and the paperwork required for deliveries (And. Dep. at 148).

During 2009, ProSource was short several delivery drivers (And. Dep. at 144-45, indicating “In spring 2009, Craig left. In fall, Doug left.”). Beginning in January 2010, Anderson began serving as a back-up driver (And. Deck, If 5; see also, And. Dep. at 116 “I would do some deliveries”). He began attending drivers’ meetings {Id. at 152-153, 284 “Q. At this point, you were attending drivers’ meetings; is that true? A. Yes.”). In April of 2010, he signed a document entitled “New Employee Set Up Sheet” (doc. no. 25-14), which listed his job as “driver/warehouse” and indicated he was being given a company cell phone in connection with such position (Proposed Findings, doc. no. 34, ¶ 13). Anderson acknowledges that in 2010 he was doing “deliveries on a back-up basis” in addition to his warehouse duties (doc. no. 35-1, And. DedN 5). The number of drivers fluctuated during this time period, but ProSource hired several more drivers that year and generally had 3-4 people for deliveries (And. Dep. at 150, indicating that by spring 2010, ProSource had four drivers). As a back-up driver, in 2010, Anderson made deliveries between January and May 27, 2010, on 29 days to over 60 locations/customers (doc. no. 25-16 at 1-36).2

ProSource kept written records of its deliveries, including the names of the drivers/assistants who made the deliveries, the names and locations of the customers, the “in/out” time for the delivery and service, the vehicle mileage, and other pertinent information (Proposed Findings, doc. no. 34, ¶ 16). Plaintiff does not dispute that these records are generally accurate (And. Dep. at 269, “Q. If your name does not appear on a delivery log, is that ordinarily an indication that you were not on that delivery? A. Correct.”). Plaintiff has submitted nearly 700 pages of delivery records for the various drivers (doc. no. 35, Ex. B, Parts I-VII).

In late May 2010, Anderson told his supervisor that he could not drive at all [884]*884due to a diagnosed medical .condition (“epilepsy”) (And. Dep. at 185 and Ex. 17).3 He also told Melanie Hyden in the HR department (And. Dep. at 186 “I had a note with me and I went to her office and informed her of the situation.”). He acknowledges that he had experienced “a few” seizures at work (Id. at 203). Anderson gave his employer a doctor’s note, dated May 27, 2010, restricting him from driving (Id. at 189).4 In the note, Dr. Sheetal Malik, M.D., indicates “Mr. Anderson may not drive a motor vehicle until he completes his evaluation/testing and has his follow, up in the office to discuss the results on 6/11/10” (doc. no. 25-17, doctor’s note).

As Anderson was temporarily restricted from driving delivery vehicles and from operating a forklift, ProSource had him continue doing the parts of his job that he could still do, such as keeping warehouse records on the computer and moving any ground-level machines with a manual jack. ProSource also utilized him as a non-driving assistant in some two-person deliveries (Kimberly Dep. at 33 “It was more efficient to send one person than to send two” but indicating that some deliveries needed two people). ProSource had Ricky Kimberly (a summer employee who stayed and did not return to college) drive the delivery truck, with Jeremy assisting (doc. no. 25-16 at 36-68, records of “Ricky + Jeremy” deliveries from May 27 to August 10, 2010). During this time period, these two employees made deliveries on 20 days to approximately 50 different locations/customers. As Anderson was medically restricted from operating the forklift, he could not unload any double-stacked copy machines from arriving trucks, nor could he stack them in the warehouse. In order to pull orders for copier machines that were stacked in the warehouse, ProSource had to have other employees operate the forklift. This was in addition to their own jobs. ProSource had to pay employees overtime in order to cover Anderson’s duties in the warehouse that required the use of a forklift (Siefert Dep. at 120). When he needed to get copiers ready for delivery to customers, Anderson was able to use a “hand jack” to move any copiers that were at ground level.

Anderson suggested to ProSource that his restriction was only temporary. On June 11, 2010, he sent an email to Chris Shersky, VP at ProSource, advising that “I still cannot drive; however, at this time it’s just for a few weeks and I will get another EEG performed on June 25th and hopefully I will be able to resume normal duties” (doc. no. 25-20 email; And. Dep. at 214, Q. [I]s that what you wrote tp Chris? A. Yes.). His hope that his medical restriction would last for only “a few weeks” did not work out. On June 24, 2010, a second letter from Dr. Malik indicated that Anderson was still “restricted from operating a motor vehicle and other heavy machinery until further notice” (Proposed Findings, doc. no. 34, ¶ 21; doc. no. 25-19, letter). On July 13, 2010, Dr. Malik again indicated that Anderson was “unable to drive at this time. He will be re-evaluated on August 13, 2010” (doc. no. 25-21, letter). On August 16, 2010, Dr. Malik once again indicated that Anderson was “unable to drive at this time. He will be re-evaluated” on August 23, 2010 (doc. no. 25-22, [885]*885letter). When that date arrived, Pro-Source was given a doctor’s note indicating that Anderson “is not to drive until further notice. He has a follow up appointment on 10-22-2010” (doc. no.

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23 F. Supp. 3d 880, 29 Am. Disabilities Cas. (BNA) 1748, 2014 U.S. Dist. LEXIS 73284, 2014 WL 2217241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-procopy-technologies-inc-ohsd-2014.