Carole J. Southerland v. Hardaway Management Company, Inc.

41 F.3d 250, 1994 WL 663329
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 12, 1995
Docket93-6513
StatusPublished
Cited by49 cases

This text of 41 F.3d 250 (Carole J. Southerland v. Hardaway Management Company, Inc.) 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
Carole J. Southerland v. Hardaway Management Company, Inc., 41 F.3d 250, 1994 WL 663329 (6th Cir. 1995).

Opinions

LIVELY, Circuit Judge.

The federal question presented by this appeal is what Kentucky statute of limitations applies to claims brought under section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 (1988). The district court also decided one state law claim and dismissed another without prejudice.

The plaintiff-appellant, Carole J. Souther-land, a former employee of the defendant, Hardaway Management Company, Inc. (Hardaway), appeals from summary judgment in favor of Hardaway resulting in dismissal of her action. The district court held that the plaintiffs federal claim is barred by Kentucky’s one year statute of limitations applicable to actions for personal injury and that the plaintiff failed to establish an issue in her state claim for wrongful discharge in retaliation for pursuing a claim under Kentucky’s Workers’ Compensation Act.

The parties waived oral argument, and the appeal was submitted for decision on the briefs and district court record.

[252]*252I.

The defendant Hardaway manages rental properties in Morgantown, Kentucky. The plaintiff worked at one of these properties, the Oak Hill Apartments. Initially a part-time employee and later an assistant manager, Ms. Southerland became the complex’s manager when Hardaway purchased the Oak Hill Apartments on December 1, 1984. According to Hardaway, Ms. Southerland’s managerial responsibilities included office work, collecting rent, maintaining and repairing the apartment buildings’ grounds and commons rooms and supervising the maintenance staff. Ms. Southerland differs, and contends that she performed the more physical aspects of her job as extra duties. In her own words, she did this “simply because she liked it and wanted to.” She asserts in her brief that statements from other Hardaway employees verify the voluntary nature of these activities.

On October 29, 1988, Ms. Southerland suffered a work-related back injury while installing carpet in her office at the Oak Hill Apartments. She continued to work until November 4, 1988, when her treating physician, Dr. Craig Beard, ordered her to stop. Thereafter, Hardaway terminated the plaintiffs employment. The parties dispute exactly when this termination occurred. Hard-away maintains that Dean Carter, Harda-way’s vice president, terminated Ms. South-erland on January 27, 1989 — the day the plaintiff told Ms. Carter she was ready to return to work. Ms. Southerland argues that Hardaway’s business records indicate her termination by the company probably occurred on November 5 or 7, 1988. Nevertheless, the district court found that neither the date of the injury, October 29, 1988, nor the date of termination, January 27, 1989, was in dispute. (Summary Judgment Order, App. at 20).

On January 3, 1989, Dr. Beard gave the plaintiff a release to return to work, with restrictions against repetitive bending at the waist and lifting more than thirty pounds. On January 27, 1989, Ms. Southerland told Hardaway Vice President Dean Carter about Dr. Beard’s restrictions, and Ms. Carter informed the plaintiff that she was terminated. Nearly a year later, Ms. Southerland filed a worker’s compensation claim, which she eventually settled for a 28.5% occupational disability, commuted to a lump sum of $15,000.

II.

Ms. Southerland filed this action against Hardaway on August 30, 1991, seeking damages and reinstatement to her former job or to a comparable one which she could perform with her physical restrictions. The complaint set forth three causes of action:

(1) Wrongful termination in violation of the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.1
(2) Termination in violation of the Kentucky Equal Opportunities Act, KRS Ch. 207.
(3) Termination in violation of the Kentucky Workers’ Compensation Act, KRS Ch. 342.

After discovery, both parties filed motions for summary judgment on all claims. On March 19, 1993, the district court denied the plaintiffs motion but partially granted the defendant’s motion, dismissing Ms. Souther-land’s claim for wrongful discharge in retaliation for seeking benefits under the Kentucky Workers’ Compensation Act. Following the steps prescribed by the Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986), and Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986), in ruling on the third cause of action the court concluded that “the Plaintiff has not presented probative evidence to satisfy the Court that there is any genuine issue of material fact and, therefore, the Defendant should be granted judgment as a matter of law.” The court noted that the plaintiff was an at-will employee and her “bare assertions” of a violation were insufficient.

On October 18, 1993, the district court dismissed the remaining two claims. The [253]*253court ruled that the federal claim under the Rehabilitation Act was not filed within the applicable period of limitations, and declined to exercise pendent (now “supplemental”) jurisdiction over the remaining state law claim pursuant to the Kentucky Equal Opportunities Act. The Rehabilitation Act ruling was based on this court’s decision in Hall v. Knott County Bd. of Educ., 941 F.2d 402 (6th Cir.1991), cert. denied, — U.S. —, 112 S.Ct. 982, 117 L.Ed.2d 144 (1992). The district court construed this court’s opinion in Hall as holding that a claim under the Rehabilitation Act in which a Kentucky statute of limitations applies must be brought within one year of the claim’s accrual. Inasmuch as the plaintiff filed this action more than two and one-half years after the defendant discharged her, the action was time-barred.

III.

The plaintiff appeals both summary judgment rulings and seeks a remand for trial. We review a district court’s grant of summary judgment de novo, viewing the evidence in the light most favorable to the nonmoving party, here the plaintiff. EEOC v. University of Detroit, 904 F.2d 331 (6th Cir.1990); Pinney Dock & Tramp. Co. v. Penn. Cent. Corp., 838 F.2d 1445, 1472 (6th Cir.), cert. denied, 488 U.S. 880, 109 S.Ct. 196, 102 L.Ed.2d 166 (1988).

IV.

We turn first to the Rehabilitation Act claim.

A.

The plaintiff contends that in Hall this court did not settle the issue of which Kentucky statute of limitations applies to actions under the Rehabilitation Act. She argues that Hall primarily concerned the Education of the Handicapped Act, 20 U.S.C. § 1400 et seq. (1988), and that the Rehabilitation Act claim raised a minor issue.

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Bluebook (online)
41 F.3d 250, 1994 WL 663329, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carole-j-southerland-v-hardaway-management-company-inc-ca6-1995.