Deville v. Robinson

132 So. 3d 1277, 13 La.App. 3 Cir. 832, 2014 WL 718001, 2014 La. App. LEXIS 500
CourtLouisiana Court of Appeal
DecidedFebruary 26, 2014
DocketNo. 13-832
StatusPublished
Cited by4 cases

This text of 132 So. 3d 1277 (Deville v. Robinson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deville v. Robinson, 132 So. 3d 1277, 13 La.App. 3 Cir. 832, 2014 WL 718001, 2014 La. App. LEXIS 500 (La. Ct. App. 2014).

Opinion

COOKS, Judge.

li>On February 13, 2009, Plaintiff, Jacin-tiea Deville, filed a Petition for Damages alleging she suffered cruel and unjust treatment at the hands of Mr. Donald Robinson, Sr., who was the Executive Director of the St. Landry Parish Community Action Agency (hereafter CAA). Plaintiff alleged entitlement to relief for mental anguish and emotional distress suffered.

On November 15, 2010, Plaintiff amended her petition alleging Mr. Robinson committed an intentional tort against her and that, under La.Civ.Code art. 2520, CAA is ■vicariously liable for any damages Plaintiff suffered at the hands of Mr. Robinson.

Plaintiff was hired by CAA on July 22, 2003. She was appointed to the position of Assistant EAP/Housing Manager on October 30, 2003. On May 24, 2004, Plaintiff was promoted to the position of EAP/Housing Programs Manager. Plaintiffs job duties with CAA included being in charge of certain programs that received grants from the federal government. In accordance with that, Plaintiff was in charge of submitting grant applications. The record established on April 21, 2008, Plaintiff failed to timely apply for a USDA Grant Application as per her job description. It was testified that the missed application cost CAA anywhere from $70,000 to $150,000 in grant money.

On April 28, 2008, the CAA’s Advisory Board adopted a motion to create a new position of Housing Services Specialist, reduce the responsibilities and compensation of the current Energy/Housing Programs Manager (Plaintiffs position). The Advisory Board in effect abolished Plaintiffs position, and transferred all duties of the position to other departments. The following day, Mr. Robinson issued a written “Administrative Directives” form to Plain[1279]*1279tiff setting forth that her “EAP/Housing Programs Manager’s position had been eliminated | ^immediately, and your salary will be reduced, based upon reduced responsibilities.”

Pursuant to that, Plaintiffs position was abolished and she was placed as a housing worker at a pay rate of $8.00 per hour with the opportunity to apply for a new position as Housing Services Specialist. Plaintiff continued working for CAA through June 1, 2008. Although she was not terminated, and Plaintiff maintains she did not quit or resign, that was the last date she worked for CAA.

Plaintiff initially filed a Workers’ Compensation claim on October 15, 2008, which was subsequently dismissed. She then filed the present matter seeking damages on February 13, 2009. A bench trial was held beginning on April 9, 2013.

Plaintiff presented her case over a three-day period. She testified after informing Mr. Robinson of the missed deadline, his attitude toward her changed and the cruel treatment ensued. She testified Mr. Robinson had an open door policy toward her which changed after the missed grant deadline and he became unapproachable. This, Plaintiff alleged, resulted in her inability to do her work and led to several anxiety attacks. She also maintained she was assigned to another program as punishment for the missed grant application.

Plaintiff further testified she understood there would be repercussions due to the missed grant application. She testified the repercussions she suffered were as follows: (1) She was demoted without being given notice, but was instructed to train Shelly Arnaud in some of the duties she was performing; (2) She was to report to Ms. Margaret James and turn in a time sheet to Ms. James; (3) She was no longer invited to the managers’ meetings; (4) On May 1, 2008, files were removed from her office and a note was posted on her office door that the door was to remain open at all times; (5) On June 1, 2008, her computer was disconnected; and (6) The last paycheck she received was for pay at an hourly rate of $8.00 rather |4than her previous hourly rate of $12.00. In some of her testimony (and in her brief to this Court), Plaintiff attributes these actions solely to Mr. Robinson. However, Plaintiff acknowledged on cross-examination that she could not say who placed the note on her door and disconnected her computer, but presumed it was Mr. Robinson.

As to Plaintiffs allegations that she was not given notice of her job demotion, the evidence established Plaintiff received notice of her job position being abolished on April 29, 2008, the day after a meeting of CAA’s Advisory Board, when Mr. Robinson issued to her an Administrative Directives form setting forth the Advisory board’s action. Likewise, it was stated that Plaintiffs hourly rate was reduced because her position was abolished and she was transferred to another position.

Concerning the files being removed from Plaintiffs office, there was testimony that there was an audit of these files that led to the discovery that many of the files were incomplete and others had original documents in them, such as social security cards, and should not have been retained.

Ms. James testified she was solely responsible for posting the note requesting Plaintiff keep her office door open. Ms. James stated she did this because Plaintiff was now under her supervision and she wanted the door to remain open. All other employees under her supervision were in an open area and Ms. James stated she wanted Plaintiff to be in a similar situation as other co-employees.

As to the computer being disconnected, it was testified this was done on June 1, [1280]*12802008. This was the last date Plaintiff worked in that position. As she testified, she left on that date and did not return. Testimony was given that the computer was removed and two new computers were placed in that department and in that office shortly thereafter.

| .^Following the presentation of Plaintiffs case, Defendants moved for a Motion for Involuntary Dismissal pursuant to La. Code Civ.P. art. 1672(B). Defendants contended that upon the facts and law presented, Plaintiff had shown no right to relief. After a recess, the trial court granted the Involuntary Dismissal, setting forth oral reasons for judgment and concluding “the evidence presented does not afford the plaintiff, under the law, a right to the relief she seeks.” Plaintiff has appealed the judgment, contending “the trial court erred in granting the defendant’s motion for involuntary dismissal.”

ANALYSIS

Louisiana Code of Civil Procedure article 1672(B) provides for a motion for involuntary dismissal. That article states:

In an action tried by the court without a jury, after the plaintiff has completed the presentation of his evidence, any party, without waiving his right to offer evidence in the event the motion is not granted, may move for a dismissal of the action as to him on the ground that upon the facts and law, the plaintiff has shown no right to relief. The court may then determine the facts and render judgment against the plaintiff and in favor of the moving party or may decline to render any judgment until the close of all the evidence.

A trial court is afforded much discretion in deciding a motion for involuntary dismissal. Koonce v. Dousay, 06-1498 (La.App. 3 Cir. 3/7/07), 952 So.2d 893. This vast discretion in granting a motion for involuntary dismissal is reviewed under the manifest error standard. Guidry v. City of Rayne Police Dep’t, 09-664 (La.App. 3 Cir. 12/9/09), 26 So.3d 900.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Case
W.D. Louisiana, 2026
Yazdi v. Lafayette Parish
W.D. Louisiana, 2019
Gressett v. Southwest Airlines Co.
216 F. Supp. 3d 743 (E.D. Louisiana, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
132 So. 3d 1277, 13 La.App. 3 Cir. 832, 2014 WL 718001, 2014 La. App. LEXIS 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deville-v-robinson-lactapp-2014.