Buckno v. Penn Linen & Uniform Service Inc.

16 Pa. D. & C.4th 1, 1992 Pa. Dist. & Cnty. Dec. LEXIS 199
CourtPennsylvania Court of Common Pleas, Lehigh County
DecidedApril 7, 1992
Docketno. 90-C-1935
StatusPublished

This text of 16 Pa. D. & C.4th 1 (Buckno v. Penn Linen & Uniform Service Inc.) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Lehigh County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Buckno v. Penn Linen & Uniform Service Inc., 16 Pa. D. & C.4th 1, 1992 Pa. Dist. & Cnty. Dec. LEXIS 199 (Pa. Super. Ct. 1992).

Opinion

WALLITSCH, J.,

The instant matter comes before the court on the defendant’s motion for [2]*2summary judgment. In these cases, our standard of review is quite clear. Summary judgment shall be granted when there are no genuine issues of material fact in dispute; the party seeking the motion is entitled to a judgment as a matter of law; and the record must be examined in the light most favorable to the non-moving party. Mullen v. Borough of Parkesburg, 132 Pa. Commw. 321, 572 A.2d 859 (1990). To defeat a motion for summary judgment, there must be an issue of fact in dispute which is genuine and material. When confronted by a properly supported motion for summary judgment, the opposing party is required to produce some contrary evidence which could support a favorable verdict. The party opposing this motion may not rest on mere denials of the facts identified by the movant as supportive of its position, nor upon the vague and amorphous argument that the records somewhere contain fact sufficient to support its claims. Washington Federal Savings & Loan Association v. Stein, 357 Pa. Super. 286, 515 A.2d 980 (1986). See also, Phaff v. Gerner, 451 Pa. 146, 303 A.2d 826 (1973); Samarin v. GAF Corp., 391 Pa. Super. 340, 571 A.2d 398 (1989), and Roland v. Kravco Inc., 355 Pa. Super. 493, 513 A.2d 1029 (1986). In the instant case, all plaintiff has done in her brief is to state that the “defendant has failed to meet its burden” or that “genuine issues of material fact exist precluding summary judgment.” A review of the record produced by both sides does not contain facts that would support a genuine issue of material fact concerning the issues in this case and, therefore, we are constrained to grant defendant’s motion for summary judgment.

The defendant seeks summary judgment under a procedural and a substantive theory. We will address each [3]*3in turn. The first issue argued by the defendant is that the applicable statute of limitations bars the plaintiff’s claims. Defendant argues that, since the plaintiff failed to file the instant complaint within two years from the date of her termination from the defendant’s employ, her action is barred.

It is now established that a two-year statute of limitations governs claims alleging discrimination under the Pennsylvania Human Relations Act, 43 P.S. §951, et seq. Raleigh v. Westinghouse Electric Corp., 379 Pa. Super. 606, 550 A.2d 1013 (1988), appeal denied, 522 Pa. 613, 563 A.2d 499 (1989). However, defendant, in arguing that the statute of limitations bars this claim, neglects the mandates of the PHRA with regard to obtaining a notice from the Pennsylvania Human Relations Commission before the plaintiff is allowed to bring an action in the Court of Common Pleas. In the present case, the plaintiff did not obtain such a notice until February 6,1990, by letter of Carólee Kapakiwa, Human Relations representative. Therefore, since the letter reinstating the PHRC claim was sent to plaintiff on February 6, 1990, the complaint was filed on July 13, 1990, the action is not barred by the applicable statute of limitations. See Raleigh, supra at 608, 550 A.2d at 1014.

While it is true that plaintiff agreed to hold the PHRC complaint “in abeyance,” that was a right afforded to her by the PHRC in a letter dated October 13, 1987. (See both letters which comprise Exhibit B in plaintiff’s brief.) To bar plaintiff’s suit because she did nothing more than agree to hold the matter in abeyance, at the suggestion of the PHRC, would be unduly harsh. We are mindful, of course, of the hardship that such delays can have on defendants. However, in this case, the de[4]*4fendant knew of the action by the plaintiff because of the complaint filed in federal court alleging a violation of the PHRA. Therefore, the defendant cannot be said to be prejudiced. The filing of the federal complaint put defendant on notice as to the claims that plaintiff now seeks to pursue in state court.

We next proceed to the substantive theory of defendant’s motion. The first issue to be resolved is whether or not the plaintiff was “handicapped or disabled” under the Pennsylvania Human Relations Act. The term “handicapped or disabled person” is not defined in the PHRA but, instead, defined in regulations found at 16 Pa. Code §44,4, which provides as follows:

“Handicapped or disabled person — includes the following: (i) a person who: (A) has a physical or mental impairment which substantially limits one or more major life activities;...”

The terms “physical or mental impairment” is further defined as:

“a physiological disorder or condition, causmatic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin, and endocrine or a mental or psychological disorder such as mental illness, and specific learning disabilities.” 16 Pa. Code §44.4[2](i)(A).

Further, the regulations define “major life activities” as “functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.” 16 Pa. Code §44.4[2](ii)(B). It is to these definitions that we first turn.

[5]*5The defendant, for the purposes of the summary judgment motion, concedes that plaintiff’s epilepsy constitutes a “physical or mental impairment” as that term is defined at 16 Pa. Code §44.4(ii)(A). However, the defendant does not concede that this impairment substantially limits one or more of plaintiff’s major life activities. Although it is clear from the evidence that the epilepsy itself does not affect the plaintiff’s ability to perform manual tasks and work, the medication that she has been given, at least arguably, creates substantial limitation on her ability to perform manual tasks and to work. Although Dr. Redenbaugh, plaintiff’s treating neurologist, did not categorically state that her medication affected the rate at which plaintiff could work, we believe that there is a genuine question as to whether the medication was in fact the cause of plaintiff’s slow work speed. This issue would have to be determined by a jury. Therefore, for the purpose of this motion for summary judgment, we will accept that the epilepsy does substantially limit one or more of plaintiff’s major life activities, as defined in the regulations.

In Pennsylvania, the law is clear that once a plaintiff in an employment discrimination action establishes a prima facie case that she is handicapped or disabled (a fact that we assume for purpose of this motion for summary judgment), then the burden shifts to the employer to establish a legitimate, non-discriminatory reason for the termination of employment. The employer meets this burden if it shows that the plaintiff’s disability is “job-related.” Jenks v. Avco Corp„ 340 Pa. Super.

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Related

Raleigh v. Westinghouse Electric Corp.
550 A.2d 1013 (Supreme Court of Pennsylvania, 1988)
Mullen v. Borough of Parkesburg
572 A.2d 859 (Commonwealth Court of Pennsylvania, 1990)
Samarin v. GAF Corp.
571 A.2d 398 (Supreme Court of Pennsylvania, 1989)
Roland v. Kravco, Inc.
513 A.2d 1029 (Supreme Court of Pennsylvania, 1986)
Phaff v. Gerner
303 A.2d 826 (Supreme Court of Pennsylvania, 1973)
Jenks v. Avco Corp.
490 A.2d 912 (Supreme Court of Pennsylvania, 1985)
Washington Federal Savings & Loan Ass'n v. Stein
515 A.2d 980 (Supreme Court of Pennsylvania, 1986)

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Bluebook (online)
16 Pa. D. & C.4th 1, 1992 Pa. Dist. & Cnty. Dec. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buckno-v-penn-linen-uniform-service-inc-pactcompllehigh-1992.