Davies v. Browning-Ferris Industries of Florida, Inc.

815 F. Supp. 436, 1993 U.S. Dist. LEXIS 3005, 62 Fair Empl. Prac. Cas. (BNA) 577, 1993 WL 70539
CourtDistrict Court, M.D. Florida
DecidedMarch 4, 1993
DocketNo. 91-1590-Civ-T-17B
StatusPublished

This text of 815 F. Supp. 436 (Davies v. Browning-Ferris Industries of Florida, Inc.) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davies v. Browning-Ferris Industries of Florida, Inc., 815 F. Supp. 436, 1993 U.S. Dist. LEXIS 3005, 62 Fair Empl. Prac. Cas. (BNA) 577, 1993 WL 70539 (M.D. Fla. 1993).

Opinion

ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

KOVACHEVICH, District Judge.

This case is before the Court upon the motion for summary judgment filed by Defendant, Browning-Ferris Industries of Florida, Inc., a Delaware Corporation (“BFI”), for Summary Judgment (Docket No. 16), filed on August 7, 1992 (“Def. Motion”). Plaintiff, George N.S. Davies (“Davies”), filed a Memorandum of Law in Opposition to Defendant’s Motion for Summary Judgment on September 15, 1992 (Docket No. 19).

Plaintiff, a former employee of BFI, alleges that BFI demoted him from Maintenance Manager to Mechanic because of his age in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. (the “ADEA”). Defendant contends that Davies’ reassignment was based solely on his failure to properly perform the duties of the Manager position. Defendant has moved for summary judgment, on the grounds that the record1 shows that there is no genuine issue as to any material fact and that, as a matter of law, Defendant is entitled to the entry of judgment in its favor. After thoroughly reviewing the Defendant’s motion for summary judgment, and Plaintiffs memorandum in opposition, along with the relevant portions of the record and the applicable case law, the Court concludes that the motion for summary judgment should be DENIED.

I. BACKGROUND

Defendant, BFI, is in the business of collecting and disposing of solid waste for their residential and commercial customers in the Tampa Bay, Florida, area. Plaintiff, Davies, was initially employed by BFI in its St. Petersburg operation as a mechanic on December 13, 1986, when BFI acquired the [438]*438assets of the Davies’ previous employer.2 On February 27, 1989, BFI promoted Davies to the position of Maintenance Manager. Davies was then 58 years old. Initially, Davies worked under the supervision of John Mitchell.

Davies’ duties as Maintenance Manager at BFI included, but were not limited to, controlling and supervising the day-to-day activities of the shop’s mechanics. Additionally, Davies was responsible for maintaining the cost of maintenance and labor within budget, maintaining a necessary inventory of parts, and coordinating the maintenance of the trucks with the Operations Manager.

In October, 1989, John Mitchell was replaced by Charles Laws (“Laws”) who became the new District Manager. As District Manager, Laws was responsible for all aspects of the St. Petersburg operation. This responsibility included insuring that all department managers, including Davies, performed their jobs satisfactorily. It is BFI’s position that shortly after becoming District Manager, Laws became dissatisfied with Davies’ performance as Maintenance Manager. In August, 1990, Laws met with Davies and informed him that he was replacing him with another BFI employee. Davies contends that at this meeting Laws told him that he “wanted a younger man in the position.” Davies was replaced by another BFI employee who was 40 years old.

The reassignment coincided with Davies’ previously arranged and unrelated leave of absence. When Davies returned in October, 1990, he assumed his old position of mechanic. However, Davies retained his manager salary and benefits, including the use of a company car.

In November, 1990, Davies injured his hand requiring medical attention. The injury was covered under Florida’s Workers Compensation Act. After the injury, Davies was temporarily reassigned to light duty for the recovery period. However, Davies’ employment with BFI was terminated on December 6, 1990. BFI contends that Davies was fired because his injury prevented him from performing the duties of a mechanic and that there were no other positions available at BFI.

II. ANALYSIS

A. Standards for Summary Judgment

Summary Judgment “shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment , as a matter of law.” Rule 56(c); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 2509-10, 91 L.Ed.2d 202 (1986). Thus, summary judgment is appropriate where the nonmovant “fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). The substantive law governing the action determines whether an element is essential. Liberty Lobby, 477 U.S. at 248, 106 S.Ct. at 2510. A party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, if any, which it believes demonstrate the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. at 2553; see Brown v. Crawford, 906 F.2d 667, 669, cert. denied, — U.S. -, 111 S.Ct. 2056, 114 L.Ed.2d 461 (11th Cir.1990).

Although this circuit clearly holds that summary judgment should only be entered when the moving party has sustained its burden of showing the absence of a genuine issue of material fact when all the evidence is viewed in the light most favorable to the nonmoving party, Sweat v. The Miller Brewing Co., 708 F.2d 655 (11th Cir.1983); see also Matsushita Electric Industrial Corp. v. Zenith Radio Corp., 475 U.S. 574, 106 S.Ct. [439]*4391348, 89 L.Ed.2d 538 (1986), “the mere existence of a scintilla of evidence in support of the plaintiffs position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.” Anderson, 477 U.S. at 252, 106 S.Ct. at 2512, 91 L.Ed.2d at 214.

The Court, however, must avoid weighing conflicting evidence, Liberty Lobby, 477 U.S. at 255, 106 S.Ct. at 2514; Brown v. Hughes, 894 F.2d 1533, 1536 (11th Cir.1990), cert. denied, 496 U.S. 928, 110 S.Ct. 2624, 110 L.Ed.2d 645 (1990); Tippens v. Celotex Corp., 805 F.2d 949, 953 (11th Cir.1986), or making credibility determinations. Liberty Lobby, 477 U.S. at 255, 106 S.Ct. at 2514; see McKenzie v. Davenport Funeral Home, 834 F.2d 930, 934 (11th Cir.1987).

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815 F. Supp. 436, 1993 U.S. Dist. LEXIS 3005, 62 Fair Empl. Prac. Cas. (BNA) 577, 1993 WL 70539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davies-v-browning-ferris-industries-of-florida-inc-flmd-1993.