David Pittington v. Great Smoky Mountain Lumberjack Feud

880 F.3d 791
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 24, 2018
Docket17-5590
StatusPublished
Cited by42 cases

This text of 880 F.3d 791 (David Pittington v. Great Smoky Mountain Lumberjack Feud) 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
David Pittington v. Great Smoky Mountain Lumberjack Feud, 880 F.3d 791 (6th Cir. 2018).

Opinions

MOORE, J., delivered the opinion of the court in which DAUGHTREY) J., joined. SUTTON, J. (pp. 809-12), delivered a separate dissenting opinion.

OPINION

KAREN NELSON MOORE, Circuit Judge.

Plaintiffs who successfully prove that they were fired in violation of Title VII of the Civil Rights Act of 1964 (“Title VH”) are presumptively entitled to back pay for the amount they would have earned had they not been- unlawfully terminated. Such awards are intended to compensate fully plaintiffs for the wrongs that they suffered. For the same reason, an award of prejudgment interest on the back pay owed is also nearly always appropriate. We conclude from these principles that a district court must grant a motion for a new trial as to damages when a jury awards back pay to a Title VII plaintiff in an amount that, is substantially less than the damages to which he is indisputably entitled. Once damages are calibrated correctly, the district court should also make an effort to align its award of prejudgment interest (if such interest is requested and warranted) with Title VIPs remedial goals. Because the district court failed to take those steps here, we REVERSE and REMAND for further proceedings consistent with our opinion.

I. BACKGROUND

David Pittington (“Pittington”) worked for Great Smoky Mountain Lumberjack Feud, LLC, (“Lumberjack”), a theater company in Pigeon Forge, Tennessee, for five months in 2012 until he was fired in retaliation for supporting his wife (who was also a Lumberjack employee) in her sexual-harassment complaint against Lumberjack. See R. 74 (Trial Tr. at 2-3,15, 43) (Page ID #2534-135, 2547, 2575). Before being fired, Pittington allegedly suffered a number of additional hardships: he was .demoted and his duties were diminished; his hours were reduced; he was ¡segregated from his coworkers and made to work in an unheated, outdoor shack; and while in the shack, he was denied access to a padded chair that Lumberjack had previously provided, and which he needed because of a pre-existing. medical condition that caused his leg to swell, his back to knot, and his mobility to be impaired if he stood for long period^ of time. See R. 1-1 (Am. Compl. ¶¶ 11-16, 20,24,28) (Page ID #18-22); R. 74 (Trial Tr. at 11, 29-32) (Page ID #2543, 2561-64). Following his termination, Pittington sued Lumberjack in state court, alleging that Lumberjack took adverse actions against him because of his disability,, in violation of the Americans with Disabilities Act (“ADA”), and because of his involvement in his wife’s sexual harassment complaint, in violation of Title VII and the Tennessee Human Rights Act. R. 1-1 (Am. Compl. ¶¶ 17-29) (Page ID #20-22). Lumberjack removed the case to federal court, R. 1 (Notice of Removal) (Page ID #1-2), and the parties ultimately proceeded to trial before a jury.

At trial, Pittington presented the following evidence of his earnings during and after his employment at Lumberjack:

1, Pittington testified that he began working for Lumberjack in June [796]*7962012 as a box office clerk. R. 74 (Trial Tr. at 8, 47-48) (Page ID #2540, 2579-80). When asked to approximate his starting salary at Lumberjack, Pittington testified that he earned “[m]aybe $8 an hour” to start. Id. at 8 (Page ID #2540).
2. Pittington recalled receiving two promotions while working at Lumberjack. Soon after he joined Lumberjack, he was promoted from “box office clerk” to “a.m. lead.” Id. at 11 (Page ID #2543). He wgs then promoted again from “lead” to “assistant box office manager.” Id. at 12 (Page ID #2544).
3. On cross-examination, Lumberjack’s counsel inquired into Pittington’s pay raises while at Lumberjack. Lumberjack’s counsel asked, “[Y]our testimony is, I think, you received two promotions, but did you not go from $8 to $10.50 [per hour] once you went to a lead, and there w[ere] no other pay raises?” Id. at 48^19 (Page ID #2580-81). Pittington responded that he would “have to see the paper” because he did not “recall off the top of [his] head.” Id. at 49 (Page ID #2581). He later testified that, “[o]ff the top of [his] head,” he remembered receiving only one pay raise. Id. at 51 (Page ID #2583).
4. Pittington testified that-he typically worked eight hours per day for a total of forty hours per week while working at Lumberjack. Id. at 8, 57 (Page ID #2540, 2589). Lumberjack admitted Pittington’s time cards for his “entire time of employment” into evidence. Id. at 93 (Page ID #2625). Lumberjack’s counsel walked Pit-tington through his time cards on September 28,1 October 1, October 2, and October 8, 2012. Id. at 58-59 (Page ID #2590-91). Pittington agreed that his’ time cards for September 28, October 1, and October 2 show that he worked more than eight hours on three of those four days. Id.
5. After being fired from Lumberjack on October 8, 2012, Pittington testified that he did not gain new employment until April 2013. Id. at 2-3, 59 (Page ID #2534-35, 2591). He testified that he “look[ed] for work during that time.” Id. at 3 (Page ID #2535).
6. Pittington testified that he was hired ' in April 2013 by Perry Smith Development. Id. Pittington worked in- the corporate office for Perry Smith Development handling guest relations. Id. His pay at Perry Smith Development started at $7.25 per hour. Id. He was laid off by Perry Smith Development after a corporate reorganization. Id. at 4 (Page ID #2536). He was laid off “maybe [in] the end of August, beginning of September.” Id. at 3 (Page ID #2535).
7. Pittington testified that his next job was with the Cyrus Family Theater. Id. at 4 (Page ID #2536). That position began in “either May or June” of 2014. Id. He was supposed to receive $500 a week while working there, but his employer “wrote bad checks or just didn’t write a check at all during that time.” Id. at 4-5 (Page ID #2536-37); He worked there until October 2014 and re[797]*797ceived “[m]aybe one or two checks” during that time. Id. at 5 (Page ID #2537).
8. Pittington testified that he was next employed by Sablé Equestrian Theater in January 2015. Id. at 5 (Page ID #2537). He received $500 or $600 per week while there. Id. at 6 (Page ID #2538). He 'worked at Sablé Equestrian Theater until it went of business in September 2015. Id.
9. Pittington testified that he was next employed by the Clarion Inn, a hotel. Id. at 6 (Page ID #2538). In its jury instructions, the district court informed the jury that “[t]he parties stipulate that Mr. Pittington fully mitigated his damages as of October 12, 2015,” when he secured employment at the Clarion Inn, and therefore “any damages awarded in the form of back pay should not go beyond October 12, 2015,.... as this is the date that Mr. Pittington obtained a new job of like kind, status, and pay.” Pittington, 2017 WL 1393718, at *2.
10. Pittington’s counsel asked Pitting-ton whether it is “hard to keep a good job at a theater in Pigeon Forge.” R. 74 (Trial Tr. at 6) (Page ID #2538).

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880 F.3d 791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-pittington-v-great-smoky-mountain-lumberjack-feud-ca6-2018.