Baughey v. Tecumseh Country Club, Inc.

778 F. Supp. 354, 8 I.E.R. Cas. (BNA) 1594, 1991 U.S. Dist. LEXIS 17645, 57 Fair Empl. Prac. Cas. (BNA) 816, 1991 WL 256382
CourtDistrict Court, E.D. Michigan
DecidedNovember 18, 1991
DocketCiv. A. No. 90-73046
StatusPublished
Cited by2 cases

This text of 778 F. Supp. 354 (Baughey v. Tecumseh Country Club, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baughey v. Tecumseh Country Club, Inc., 778 F. Supp. 354, 8 I.E.R. Cas. (BNA) 1594, 1991 U.S. Dist. LEXIS 17645, 57 Fair Empl. Prac. Cas. (BNA) 816, 1991 WL 256382 (E.D. Mich. 1991).

Opinion

MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

GADOLA, District Judge.

Defendants filed the instant motion for summary judgment August 16,1991; plaintiffs filed a response September 3, 1991; and defendants filed a reply September 12, 1991. Oral argument was heard November 14, 1991.

BACKGROUND FACTS

Plaintiffs Samuel and Beverly Baughey, husband and wife, were discharged from their respective positions as assistant manager and general manager of the Tecumseh Country Club (“TCC”) on July 11, 1989. Plaintiffs had worked for TCC from approximately August 1977 to January 1979. Beverly Baughey was re-hired on an interim basis in August 1981 but submitted her resignation September 28, 1982. Ultimately, however, she continued as general manager. Plaintiffs went to and left TCC as a team. As part of her duties, Beverly Baughey prepared an employees’ manual in the early 1980's.

Defendant Tecumseh Products Company (“TPC”) entered into a financial assistance agreement with TCC in 1982, whereby TPC was to provide financial assistance to TCC without interest and without requirement of repayment unless TCC was sold. The original two-year agreement was extended several times and was in effect at the time of plaintiffs’ termination.

Plaintiff Beverly Baughey was injured at TCC May 24,1989. She was then unable to perform some of her duties at TCC but did continue to perform many of her supervisory responsibilities.

During their employment plaintiffs received regular raises. Although Beverly Baughey did not receive any regular job evaluations, Kenneth Herrick “would informally tell her that she was doing a good job.” 1 Plaintiffs’ Resp.Br. at 3. No disciplinary proceedings were initiated against plaintiffs at any time.

Shortly after May 21, 1989, members of the TCC board of directors received a copy of a letter from “many more than 27” members of the TCC. Defendants’ Br.Ex. G. The letter, referring to plaintiff Beverly Baughey, stated

She has served our Club well in her needed time but she is not needed now and should be retired gracefully and promptly. It is not a disgrace to put an old horse to pasture without fanfare____ Beverly has not been overly visible and a GENTLEMAN would be a welcomed breath of fresh air. We need and want a man.

Defendants’ Br.Ex. G (emphasis in original). On July 11, 1989, plaintiffs were terminated. Plaintiffs have sued for wrongful discharge, tortious interference with contractual relations, and sex and age discrimination.

STANDARD OF REVIEW

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” “A fact is ‘material’ and precludes grant of summary judgment if proof of that fact would have [the] effect of establishing or refuting one of the essential elements of the cause of action or defense asserted by the parties, and would neces[356]*356sarily affect [the] application of appropriate principle^] of law to the rights and obligations of the parties.” [Citation omitted]. Kendall v. Hoover Co., 751 F.2d 171, 174 (6th Cir.1984) (quoting Black’s Law Dictionary 881 (6th Ed.1979)). The court must view the evidence in a light most favorable to the nonmovant as well as draw all reasonable inferences in the nonmovant’s favor. See United States v. Die-bold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 994, 8 L.Ed.2d 176 (1962); Bender v. Southland Corp., 749 F.2d 1205, 1210-11 (6th Cir.1984).

The movant bears the burden of demonstrating the absence of all genuine issues of material fact. See Gregg v. Allen-Bradley Co., 801 F.2d 859, 861 (6th Cir.1986). The initial burden on the movant is not as formidable as some decisions have indicated. The moving party need not produce evidence showing the absence of a genuine issue of material fact. Rather, “the burden on the moving party may be discharged 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, 2554, 91 L.Ed.2d 265 (1986). Once the moving party discharges that burden, the burden shifts to the nonmoving party to set forth specific facts showing a genuine triable issue. Fed.R.Civ.P. 56(e); Gregg, 801 F.2d at 861.

To create a genuine issue of material fact, however, the nonmovant must do more than present some evidence on a disputed issue. As the United States Supreme Court stated in Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986),

There is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party. If the [nonmovant’s] evidence is merely colorable, or is not significantly probative, summary judgment may be granted.

Id. at 249-50, 106 S.Ct. at 2511. (Citations omitted); see Catrett, 477 U.S. at 322-23, 106 S.Ct. at 2552-53; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 1355-56, 89 L.Ed.2d 538 (1986). The standard for summary judgment mirrors the standard for a directed verdict under Fed.R.Civ.P. 50(a). Anderson, 477 U.S. at 250, 106 S.Ct. at 2511. Consequently, a nonmovant must do more than raise some doubt as to the existence of a fact; the nonmovant must produce evidence that would be sufficient to require submission to the jury of the dispute over the fact.

ANALYSIS

I. WRONGFUL DISCHARGE

There is no dispute that plaintiffs’ employment was for an indefinite duration. In Michigan it is well established that unless otherwise provided, employment of indefinite duration is presumed to be terminable at the will of either the employer or the employee. Toussaint v. Blue Cross & Blue Shield of Mich., 408 Mich. 579, 292 N.W.2d 880 (1980); Lynas v. Maxwell Farms, 279 Mich. 684, 273 N.W. 315 (1937).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lamoria v. Health Care & Retirement Corp.
584 N.W.2d 589 (Michigan Court of Appeals, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
778 F. Supp. 354, 8 I.E.R. Cas. (BNA) 1594, 1991 U.S. Dist. LEXIS 17645, 57 Fair Empl. Prac. Cas. (BNA) 816, 1991 WL 256382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baughey-v-tecumseh-country-club-inc-mied-1991.