Crabtree v. Bugby

967 S.W.2d 66, 1998 WL 208661
CourtSupreme Court of Missouri
DecidedApril 30, 1998
Docket80441
StatusPublished
Cited by38 cases

This text of 967 S.W.2d 66 (Crabtree v. Bugby) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crabtree v. Bugby, 967 S.W.2d 66, 1998 WL 208661 (Mo. 1998).

Opinions

HOLSTEIN, Judge.

Silver Maple Farm appeals from a jury verdict awarding Autumn Crabtree actual damages of $42,000 and punitive damages of $36,000 on her claim for retaliatory discharge. Crabtree cross-appeals the trial court’s dismissal of her claims for slander and civil conspiracy and claims the trial court erred in several pretrial rulings. By order of a majority of the judges participating, the court of appeals transferred the case here after opinion. Mo. Const, art. V, sec. 10. Because the trial court erred in submitting the verdict directing instruction in the retaliatory discharge claim, the judgment is reversed and that claim is remanded for new trial.

[69]*69I.

Silver Maple Farm is a sole proprietorship owned by Hannelore E. Bugby, providing boarding and grooming services for animals. Autumn Crabtree began working at Silver Maple Farm in May 1993 as a groomer. Crabtree’s compensation was 50% of the grooming charges. Her immediate supervisor was Sue Crannick, the grooming manager. Mark Clancy was general manager of the farm and oversaw all operations of the kennel, including grooming, retail and boarding. Clancy reported to Paul Schifano, a veterinarian who oversaw the entire operation but had limited contact with any employees. In July 1993, Silver Maple Farm raised Crabtree’s pay to an hourly rate of $7.50. Two months later, her pay was raised to $8.00 an hour. Two months after that, in November 1993, Silver Maple Farm promoted Crabtree to assistant manager of the grooming department and gave her a salary of $18,000 per year.

On April 26,1994, Crabtree injured herself while lifting a dog into a bathtub. She reported her injury to Crannick and Clancy. She stopped working on April 28, 1994. Crabtree filed a workers’ compensation claim for her injuries. The injuries required surgery and physical therapy.

In December 1994, Crabtree visited Silver Maple Farm to purchase some cat food. While there, she told Crannick and Clancy of her intent to come back to work. Within a short time, Silver Maple Farm reorganized its grooming department. Clancy fired Crannick and created a new position of grooming supervisor. The new supervisor was to meet all customers when they came in, schedule the grooming appointments, and help with the grooming. Under the new structure, Clancy decided to take a greater role in the direct supervision of the grooming employees. Clancy hired Rachel Champion as the new supervisor. Champion did not work at Silver Maple Farm prior to being hired as the new supervisor. On January 19, 1995, Crabtree returned to work. There she discovered that Crannick had been replaced with Champion. Crabtree did not return to her former salary and position as assistant manager. Instead, Crabtree worked again as a groomer and received an hourly wage of $8.65.

Prior to her injury, Crabtree had not received any written disciplinary reports. However, upon her return to work, she began to clash with the new supervisor and Clancy. In an eight-day period, Clancy wrote four disciplinary reports. These reports included 1) that Crabtree had left a dog in a restraining noose in a tub, 2) that Crab-tree had taken an unauthorized break, 3) that she had called in sick less than an hour before her shift started, and 4) a claim that Crabtree copied confidential client information in her own journal. Crabtree denied at trial that any of the four events occurred.

On February 10, 1995, Clancy met with Crabtree in the employee break room. At this meeting, Clancy accused Crabtree of copying confidential client information. Crabtree denied the allegation, but Clancy stated that he believed his sources. He then informed Crabtree that Silver Maple Farm was terminating her employment based on the events in the written disciplinary reports.

After losing her job at Silver Maple Farm, Crabtree suffered severe financial difficulty resulting in her and her children moving from place to place, with a brief stay in a homeless shelter. Since her dismissal, Crab-tree has received counseling and has been diagnosed as suffering from post-traumatic stress disorder.

On March 2, 1995, Crabtree brought suit against Silver Maple Farm and Clancy. She later amended her petition to add Champion and Schifano as defendants. Crabtree alleged that Silver Maple Farm had fired her in retaliation for filing a workers’ compensation claim, in violation of see. 287.780,1 and that there was a “causal connection” between her filing the workers’ compensation claim and the discharge.

The trial began on August 21, 1996. At the close of the plaintiffs evidence, the trial court dismissed Crabtree’s claims for slander and civil conspiracy. The case was submitted to the jury solely on the retaliatory dis[70]*70charge claim. Following entry of a judgment for both compensatory and punitive damages, the parties appealed.

II.

Section 287.780 provides, “No employer or agent shall discharge or in any way discriminate against any employee for exercising any of his rights under this chapter. Any employee who has been discharged or discriminated against shall have a civil action for damages against his employer.” In Hansome v. Northwestern Cooperage Co., 679 S.W.2d 273 (Mo. banc 1984), this Court noted that the above statute was enacted into law against the backdrop of the “at will” doetrine, which allows an employer to fire an employee without a durational contract for any reason or for no reason. Id at 275 n. 2. The workers’ compensation act did not abolish the at will doctrine but rather provided a limited exception which allows an action where there was an exclusive causal relationship between the discharge and the employee’s exercise of rights granted under chapter 287 RSMo 1978. Id. The Court concluded that the action authorized by the statute has four elements: (1) plaintiffs status as an employee of defendant before injury, (2) plaintiffs exercise of a right granted by chapter 287, (3) employer’s discharge of or discrimination against plaintiff, and (4) an exclusive causal relationship between plaintiffs action and defendant’s actions. Id. at 275.

It is true that plaintiffs petition did not use the word “exclusive” in describing the cause of the discharge. A more precise pleading would be preferable. However, in determining whether a petition states a cause of action, all allegations of the petition are taken as true, and all reasonable inferences are given in favor of the pleading. Ritterbusch v. Holt, 789 S.W.2d 491, 492 (Mo. banc 1990). Here the petition invokes substantive principles of law entitling plaintiff to relief. A petition is not to be dismissed for mere lack of definiteness or certainty or because of informality in the statement of an essential fact. Merriman v. Caton, 395 S.W.2d 106, 109 (Mo.1965). The pleadings here allege the discharge was in violation of sec. 287.780 and that a causal relationship existed between plaintiffs filing a workers’ compensation claim and her discharge. The pleadings are sufficient to overcome a motion to dismiss for failure to state a claim.

III.

Silver Maple Farm next appeals the trial court’s denial of its motion for a directed verdict at the close of the evidence.

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Bluebook (online)
967 S.W.2d 66, 1998 WL 208661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crabtree-v-bugby-mo-1998.