Edwards v. General Motors Assembly Division

2003 OK CIV APP 4, 63 P.3d 563, 74 O.B.A.J. 465, 2002 Okla. Civ. App. LEXIS 121, 2002 WL 31961554
CourtCourt of Civil Appeals of Oklahoma
DecidedNovember 19, 2002
DocketNo. 96,360
StatusPublished
Cited by1 cases

This text of 2003 OK CIV APP 4 (Edwards v. General Motors Assembly Division) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Edwards v. General Motors Assembly Division, 2003 OK CIV APP 4, 63 P.3d 563, 74 O.B.A.J. 465, 2002 Okla. Civ. App. LEXIS 121, 2002 WL 31961554 (Okla. Ct. App. 2002).

Opinion

Opinion by

JOHN F. REIF, Chief Judge.

¶ 1 This case concerns an appeal by plaintiff Jeff Edwards and a counter-appeal by defendant General Motors, following a jury verdict in favor of plaintiff Edwards on his breach of contract claim against General Motors. The jury determined that Mr. Edwards, a paint mixer for General Motors, should be paid 20% of the first $100,000 saved by General Motors from implementing a cost savings suggestion that he submitted, as provided in the General Motors Employee Suggestion Plan. The cost savings suggestion involved “batch” painting of ears, using certain low-demand colors only on a given day or days. Neither Mr. Edwards nor General Motors have briefed any issue concerning the merits of Mr. Edwards’ claim.1

¶ 2 The appeal by Mr. Edwards contends the trial court erred in ruling his claim did not involve a contract for labor or service and, in turn, denying him attorney fees under 12 O.S.2001 § 936. In its counter-appeal, General Motors contends that the trial court erred in awarding Mr. Edwards prejudgment interest, specifically arguing that the amount Mr. Edwards was due under the Suggestion Plan could not be determined without trial and determination by the jury. For the reasons that follow, we hold Mr. Edwards was entitled to attorney fees under § 936 and was properly awarded prejudgment interest.

¶ 3 Whether the compensation that an employee can earn under the Employee Suggestion Plan involves a claim for labor or services within 12 O.S.2001 § 936 depends on the meaning of “labor” and “services” as used in § 936. The trial court expressly found that “Jeff Edwards’ suggestion as implemented by General Motors is not labor and services as [used in] Title 12 O.S. § 936.”

¶ 4 Clearly, the trial court resolved the controversy by interpreting the terms “labor” and “services” in § 936. When “[resolution of [a] question ... calls for ascertaining the meaning of certain critical words found in [a] statutory text ... a question of law [is presented].” Arrow Tool & Gauge v. Mead, 2000 OK 86, ¶ 6, 16 P.3d 1120, 1123 (footnote omitted). A lower court’s “ascription of the meaning that is to be attributed to the critical part of the statutory text” is reviewed de novo on appeal; that is, “subject to an appellate court’s plenary, independent and nondeferential reexamination.” Id. (footnotes omitted).

¶ 5 “The goal of any inquiry into the meaning of a legislative enactment is to ascertain and follow legislative intent.” Id. at ¶ 15, 16 P.3d at 1125 (footnote omitted). “It is presumed that (a) legislative intent is expressed in a statute’s text and (b) the lawmaking body intended that which it expressed.” Id. (footnote omitted). “In the process of giving meaning to any statute, the starting point is the plain and ordinary significance of the language employed in the text.” George E. Failing Co. v. Watkins, 2000 OK 76, ¶ 7, 14 P.3d 52, 56 (footnote omitted). The legislature has similarly di[566]*566rected that “[w]ords used in any statute are to be understood in their ordinary sense, except when a contrary intention plainly appears.” 25 O.S.2001 § 1.

¶ 6 In the early case of State v. Smith, 1921 OK CR-, 19 Okla.Crim. 184, 198 P. 879, the Oklahoma Court of Criminal Appeals was called upon to construe the term “servile labor” as used in the “Sabbath breaking” statute. The Court followed the statutory rule of construction cited above and began by considering the meaning of the term “labor.” The Court observed, “Labor, in its usual sense, may be defined as ‘physical or mental toil; bodily or intellectual exertion, done wholly or partly for a purpose other than the pleasure derived from its performance.’ ” Id. at 880 (citation omitted). In a later case, the Oklahoma Supreme Court would observe, “It is well settled that the term ‘labor’ is not confined to physical or manual labor.” Diffenbach v. H.H. Mahler Co., 1934 OK 170, ¶ 4, 30 P.2d 907, 908 (citation omitted).

¶ 7 In a case that interpreted the Kansas oil and gas lien statute, the Kansas Court of Appeals stated that work performed for the “advancement of the ... operation of an oil and gas well” would constitute “lienable labor ... regardless of whether it involves manual or mental toil.” DaMac Drilling, Inc. v. Shoemake, 11 Kan.App.2d 38, 713 P.2d 480, 486 (1986). In the DaMac case, the Kansas Court of Appeals held that the work of a geologist was lienable labor because, “[w]ith the expert knowledge and evaluation of a geologist, costly errors ... can be avoided [and] development costs can be kept to a minimum so that profits are maximized.”

¶ 8 Mr. Edwards’ “batch” painting suggestion clearly involved mental toil and intellectual exertion by using expert knowledge to evaluate General Motors’ painting component of production. The “batch” painting suggestion was formulated and communicated to General Motors wholly or partly for a purpose other than the pleasure derived from its formulation and communication, specifically to earn the compensation promised by General Motors for formulating and communicating better ways that advance General Motors’ operation so that costs can be kept to a minimum and profits maximized. The “batch” painting suggestion was “labor” as that term is commonly understood and as it is commonly used in statutes addressing the subject of “labor.”

¶ 9 “The underlying nature of the action determines the applicability of the § 936 labor-and-services provision [and where] damage arises directly from the rendition of labor or services[,] the provisions of § 936 are applicable.” Cook v. Oklahoma Bd. of Public Affairs, 1987 OK 22, ¶ 43, 736 P.2d 140, 154 (footnotes omitted). Mr. Edwards’ formulation and communication of the “batch” painting suggestion involved the rendition of labor for General Motors. Also, General Motors’ failure to pay for such labor (as provided in the Employee Suggestion Plan) was damage that arose from the I'endition of labor, not unlike failing to pay an outside consultant for evaluating the operation and formulating a similar cost savings plan.

1110 We hold the trial court erred as a matter of law in ruling “Jeff Edwards’ suggestion as implemented by General Motors is not labor and services as [used in] Title 12 O.S. § 936,” and in denying Mr. Edwards an attorney fee under § 936. As the prevailing party on a contract claim for labor or service, Mr. Edwards is entitled to “a reasonable attorney fee to be set by the court, to be taxed and collected as costs” as mandated by § 936. Additionally, “[whenever there is statutory authority to award counsel fees in the trial court, additional fees may also be allowed for services rendered in the appellate court.” Cook, 1987 OK 22, ¶ 46, 736 P.2d at 154 (footnote omitted).

¶ 11 We grant Mr. Edwards’ motion for appellate attorney fees. We reverse the trial court’s denial of an attorney fee to Mr. Edwards for counsel fees incurred in the trial court, and remand with directions to determine and award Mr. Edwards a reasonable attorney fee for (1) the necessary and reasonable services of his attorney before the trial court, and (2) the necessary and reasonable services of his attorney before the appellate courts.

¶ 12 Unlike the error in denying attorney fees under § 936, the trial court did [567]*567not err in awarding prejudgment interest under 23 O.S.2001 § 6.

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2003 OK CIV APP 4, 63 P.3d 563, 74 O.B.A.J. 465, 2002 Okla. Civ. App. LEXIS 121, 2002 WL 31961554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-general-motors-assembly-division-oklacivapp-2002.