Boyce A. Smith, A/K/A Woody Smith v. Leggett Wire Company

220 F.3d 752, 2000 U.S. App. LEXIS 16676, 79 Empl. Prac. Dec. (CCH) 40,230, 83 Fair Empl. Prac. Cas. (BNA) 980, 2000 WL 992232
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 17, 2000
Docket98-6414
StatusPublished
Cited by258 cases

This text of 220 F.3d 752 (Boyce A. Smith, A/K/A Woody Smith v. Leggett Wire Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Boyce A. Smith, A/K/A Woody Smith v. Leggett Wire Company, 220 F.3d 752, 2000 U.S. App. LEXIS 16676, 79 Empl. Prac. Dec. (CCH) 40,230, 83 Fair Empl. Prac. Cas. (BNA) 980, 2000 WL 992232 (6th Cir. 2000).

Opinions

SUHRHEINRICH, J., delivered the opinion of the court, in which SILER, J., joined. MARTIN, C.J. (pp. 763-67), delivered a separate dissenting opinion.

OPINION

SUHRHEINRICH, Circuit Judge.

Defendants Adcom Wire Company and Leggett & Platt, Inc., appeal an order awarding Plaintiff Boyce A. Smith $100,-000, plus attorney’s fees and costs, for wrongful termination of employment based on a jury’s finding of racial discrimination. Defendants claim that the district court erred in denying their post-verdict motion for judgment as a matter of law pursuant to Fed.R.Civ.P. 50(b) because there was insufficient evidence to support the jury’s finding that race was a substantially motivating factor in Adcom’s decision to terminate Smith. Defendants also challenge the jury’s finding that Leggett was sufficiently interrelated with Adcom to be held hable for Smith’s wrongful termination. Finally, Defendants object to the district court’s award of attorney’s fees.

For the following reasons, we REVERSE:

I. '

Boyce A. Smith (“Smith”), an African-American, worked as a wire drawing machine operator at Adcom Wire Company (“Adcom”) in Nicholasville, Kentucky from 1974 until 1994. Adcom is a wholly-owned subsidiary of Missouri-based Leggett & Platt, Inc. (“Leggett”). During those years, Smith was paid on an incentive basis depending on his weekly productivity. Adcom considered Smith to be one of the most productive wire drawers in the plant.

In February. 1994, Smith’s incentive production numbers began to drop steadily for no apparent reason, resulting in decreases in his weekly paychecks. Smith complained to the plant superintendent, Chip Ford (“Ford”). Ford testified that he reviewed.Smith’s daily production totals and the raw data for his production, checked with the Quality Control Department, reviewed the lab reports on rejects for rejected wire, met with the plant accountant to make sure the calculations were correct, and reviewed the production numbers for other operators working on the same machines to determine if they were consistent. Ford informed Smith that he could not find anything amiss with the calculations.

[757]*757Smith’s production numbers continued to fall over the next month. Smith again complained to Ford, who testified that he could not find anything wrong. On March 16, 1994, Smith told his supervisor, Bobby Guy (“Guy”), that he was extremely upset about his incentive calculation. Shortly thereafter, Smith returned to Guy in a rage, and stated that unless his incentive pay was straightened out by the following morning, he, Smith, “was going to kill a bunch of M.F.s.” Smith then left the Ad-com plant, although he had not completed his shift.

Guy immediately reported the threat to Ford. Ford then reported the incident to the Plant Manager, Steve Riley (“Riley”). Riley discussed the matter with Ford and Bill Avise, the Vice President of Operations for the Leggett & Platt wire group, who happened to be visiting the Adcom facility. Ford then met with Guy in person. Ford stated that Guy looked scared, and that, at that point, Ford himself became scared. Ford met with Avise and Riley, and the three agreed that they would talk to Smith the next morning. They also called Nicholasville Police to let them know that an employee had made a threat, and asked that an officer be present the next morning.

The following morning, Smith returned to work as usual. Ford, Riley, and Avise met with Smith upon his arrival. According to Riley, when asked about the threat, all Smith would say was, “I might have said that.” Riley felt that Smith was preoccupied with his incentive ’calculations. Riley suspended Smith and told him to return the following Monday. Smith left the plant without incident and without an escort. Riley called the police again and asked for a backup. On Monday, March 21, 1994, Adcom terminated Smith.

On September 11, 1995, Smith sued Leggett, Adcom, and L & P Acquisition Company-8 Inc. in federal court under the Kentucky Civil Rights Act, Ky. Rev. St. §§ 344.040 et. seq., on the basis of diversity jurisdiction. Smith alleged in pertinent part that he suffered unequal treatment while employed at Adcom and that he was terminated because of his race. He also asserted that Defendants engaged in a pattern or practice of discrimination.

Smith testified at trial that co-workers and supervisors regularly made racially discriminatory comments in his presence at work. Smith stated that on his first day, of work in 1974, some employees threatened him, stating: “You’re [sic] nigger ass ain’t going to work here.” Smith also testified that .on one occasion in the late 1980’s or early 1990’s, Smith’s supervisor Sammy Guy circulated a racially discriminatory and lewd cartoon around the plant. The cartoon depicted an African-American man with a rope around his neck and connected to his pfenis standing in front of a Caucasian woman. The cartoon was entitled “How a Black Man Commits Suicide.” Sometime after 1993, Smith heard his supervisor, Bobby Guy, telling a “nigger” joke. Guy admitted using the term. Smith testified also that sometime in the 1990’s he heard foreman Ronnie Curry referring to a black employee as a “gorilla.” Smith stated that he complained to Curry. Smith also stated that he had “been to a supervisor once before and my foreman” to complain'about use of the “N” word.

Smith testified that he inquired about promotion and was told that he needed a high school diploma. He later learned that several of the white supervisors did not have ’high school diplomas. Smith signed up to be promoted in 1990. However, in 1993, Bobby Guy, who is white, received the position even though he had never run a wire drawing machine or set one up. Smith testified that in his twenty years with Adcom, the company never had a black supervisor. Furthermore, Smith offered evidence that Adcom never employed more than four or five blacks at one time, and that between 1992 and 1994, the numbers of black employees was reduced by half through involuntary terminations. Smith also presented statistics showing [760]*760Further, the stray comments were made long before Smith’s termination. See Phelps v. Yale Security, Inc., 986 F.2d 1020, 1025-26 (6th Cir.1993); see also Russell v. Acme-Evans Co., 51 F.3d 64, 68 (7th Cir.1995) (holding that threat to shove a shotgun up the plaintiffs “black ass” made fifteen years prior to termination decision was “too tenuously related to the alleged discriminatory action by supervisors many years later” to create an inference of discrimination). Thus, the stray remarks were not relevant. See Ercegovich v. Goodyear Tire & Rubber Co., 154 F.3d 344, 354 (6th Cir.1998) (“In assessing the relevancy of a discriminatory remark, we look first at the identity of the speaker. An isolated discriminatory remark made by one with no managerial authority over the challenged personnel decisions is not considered indicative of ... discrimination.”); cf. Robinson v. Runyon,

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220 F.3d 752, 2000 U.S. App. LEXIS 16676, 79 Empl. Prac. Dec. (CCH) 40,230, 83 Fair Empl. Prac. Cas. (BNA) 980, 2000 WL 992232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyce-a-smith-aka-woody-smith-v-leggett-wire-company-ca6-2000.