Falls v. JVC America, Inc.

7 So. 3d 986, 27 I.E.R. Cas. (BNA) 1546, 2008 Ala. LEXIS 112, 2008 WL 2406137
CourtSupreme Court of Alabama
DecidedJune 13, 2008
Docket1051677
StatusPublished
Cited by9 cases

This text of 7 So. 3d 986 (Falls v. JVC America, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Falls v. JVC America, Inc., 7 So. 3d 986, 27 I.E.R. Cas. (BNA) 1546, 2008 Ala. LEXIS 112, 2008 WL 2406137 (Ala. 2008).

Opinions

PARKER, Justice.

I. Background

Dorothy Falls began working for JVC America, Inc. (“JVC”), on November 13, 1986, and continued working for JVC until June 23, 2004, operating winding machines in the tape facility and various machines in the disc facility at JVC’s plant. Around June 2003 she was transferred from the tape department to the disc department, and shortly thereafter the tape facility closed. Her primary responsibility in the disc facility involved printing labels.

On August 19, 2003, Falls began to experience headaches, nausea, and weakness. Although the first onset of these symptoms occurred, not at work, but while she was driving her car, she subsequently started experiencing these symptoms upon her arrival at work or shortly thereafter. While she was experiencing these symptoms on August 21, 2003, paramedics took her to the hospital, and she was treated by Dr. Craig Buettner. On August 27, 2003, she again experienced these symptoms and visited Dr. Buettner. Dr. Buettner told her not to return to work and set an appointment for her for September 12, 2003. On that date she told Dr. Buettner that her symptoms had disappeared. At Dr. Buettner’s request, she saw a neurologist, Dr. James Geyer, on September 24, 2003. Dr. Geyer found no abnormalities and authorized her to return to work on September 29, 2003. However, her symptoms recurred within five hours of beginning her shift.

When she visited Dr. Buettner again on October 2, 2003, he began to suspect that something at the plant, like a dye or a fume, might be causing an allergic reaction. Shortly thereafter, she saw Dr. Peter Casten, medical director of the DCH Regional Medical Center in Tuscaloosa, which specializes in occupational-health issues. Dr. Casten evaluated her but was unable to determine at that time whether her symptoms were work related. She returned to work on November 11, 2003, and had an immediate onset of symptoms. On that date Dr. Lisa Mani, who worked with Dr. Casten’s practice group, saw Falls; Dr. Mani noted that the symptoms occurred only while Falls was at the JVC workplace.

Pursuant to Dr. Buettner’s authorization, Falls returned to work again early in June 2004, and within three hours she began to experience symptoms so severe she felt like she would pass out, and she had to leave.

On or about June 21, 2004, Falls returned to work and later that day advised Gail Lawson, her “lead person” at the JVC plant, that she was ill. Lawson told her to see Mike Hall, her superintendent. Hall took her to the Human Resources Department, where she met with Sandy Korne-gay and Tom Kizziah. They gave Falls a resignation form, but she refused to sign it and asked for permission to leave to see her doctor, which was granted. Over the next several days she saw Dr. Buettner, her personal physician, and Dr. Casten, JVC’s company-approved doctor.

On the evening of June 22, 2004, Falls received a telephone message asking her to contact Felicia Gross with JVC. Gross was responsible for overseeing JVC’s workers’ compensation claims and making medical appointments for work-related injuries. Falls spoke with Gross, and Gross made an appointment for her with Dr. Casten for June 23, 2004, at 1:00 p.m.

[988]*988On June 23, 2004, Gross spoke with Victor Hamner, the plant manager, concerning Falls. She testified that they discussed whether Falls’s case could result in a worker’s compensation claim. Hamner instructed Gross to arrange for Falls to see him before she saw Dr. Casten.

Falls met with Hamner at 1:00 p.m. on June 23, 2004. She told Hamner that she could not work in the plant without becoming physically ill. Hamner told her she would have to resign or she would be terminated. She answered that she could not return to work in the plant,1 but she refused to resign. Hamner therefore terminated Falls’s employment. Her termination notice read:

“Dorothy Falls is being terminated today for the following 2 reasons: (1) Lack of dependability; and (2) She has expressed to us that she can no longer work in this facility.
“Dorothy has not returned to work since her leave of absence ended 6/10/04. Sandy Kornegay, Tom Kizziah, and Mike Hall met with Dorothy on June 21/04 and she told them at that time that she gets sick as soon as she walks through the door of JVC, and she expressed that she cannot work in this building.”

Falls filed a complaint against JVC in the Tuscaloosa Circuit Court, alleging that JVC had fired her in retaliation for her filing or intending to file a worker’s compensation claim (CV-04-1558); she also filed a worker’s compensation claim against JVC in the Tuscaloosa Circuit Court.2

The trial court entered a summary judgment in favor of JVC in Falls’s retaliatory-discharge case, finding:

“It is undisputed from the evidence that the decision to terminate [Falls] from her employment at JVC was made on 6/22/04.... [JVC employees and officials] testified that on 6/22/06,[3] they had no knowledge that [Falls] was claiming that her medical condition was related to her occupation at JVC. The only testimony regarding knowledge of the claim for worker’s compensation benefits came from a conversation [Falls] had with Felicia Gross, who played no role in [JVC’s] decision to terminate [Falls’s] employment. This conversation took place on 6/23/04, and after the decision to terminate [Falls] had been made by others. It is also undisputed that on 6/22/04, Sandy Kornegay called [Falls] after the decision makers’ meeting, and gave her a choice of resigning or being terminated. Since the decision to terminate [Falls] was made on 6/22/04, [Falls’s] workman’s compensation claim could not be the sole motivating factor in [Falls’s] termination.
“There is a failure of proof of specific knowledge of [Falls’s] claims for workman’s compensation benefits on the part of the decision makers, at the time she was terminated, and that the knowledge of her workman’s compensation claim was the sole motivating force behind [Falls’s] termination. Therefore, there [989]*989is a critical link missing in the chain of [Falls’s] burden of proof. Since [Falls] is unable to prove all the elements of a prima facie case, [JVC] is entitled to judgment as a matter of law.
“Summary judgment is therefore granted in favor of the defendant JVC on [Falls’s] retaliatory discharge claim.”

Falls has appealed that summary judgment to this Court.

II. Standard of Review

This Court set forth the appropriate standard of review of a summary judgment in Lee v. City of Gadsden, 592 So.2d 1036,1038 (Ala.1992):

“[0]ur review of a summary judgment is de novo; that is, we must examine all the evidentiary submissions that were presented to the trial court. Tolbert v. Gulsby, 333 So.2d 129 (Ala.1976). The two-tiered standard of review for summary judgment has been repeatedly stated: (1) there must be no genuine issues of material fact, and (2) the mov-ant must be entitled to a judgment as a matter of law. Ala. R. Civ. P. 56(c), Tripp v. Humana, Inc., 474 So.2d 88 (Ala.1985).

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Falls v. JVC America, Inc.
7 So. 3d 986 (Supreme Court of Alabama, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
7 So. 3d 986, 27 I.E.R. Cas. (BNA) 1546, 2008 Ala. LEXIS 112, 2008 WL 2406137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/falls-v-jvc-america-inc-ala-2008.