Feathers v. Willamette Industries, Inc.

162 F. App'x 561
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 18, 2006
Docket04-5069
StatusUnpublished
Cited by1 cases

This text of 162 F. App'x 561 (Feathers v. Willamette Industries, Inc.) 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
Feathers v. Willamette Industries, Inc., 162 F. App'x 561 (6th Cir. 2006).

Opinions

ROGERS, Circuit Judge.

While working as a foreman for defendant Benchmark Mechanical Contractors, Inc., a construction contractor at the paper plant of defendant Willamette Industries, Inc., plaintiff Jeffrey Feathers directed the use of equipment in a way that caused his leg to be crushed. Willamette banned Feathers from its plant for safety reasons, and Benchmark subsequently laid Feathers off. Feathers and his wife, April, brought an action asserting five claims: (1) retaliatory discharge against Benchmark; (2) conspiracy to engage in retaliatory discharge against Benchmark and Willamette; (3) premises liability against Willamette; (4) tortious interference with an employment contract against Willamette; and (5) a claim by April Feathers for loss of consortium. The district court granted summary judgment in favor of both defendants, holding that Feathers had failed to present evidence raising a genuine issue of material fact as to any of his claims. We affirm.

I. Background

Willamette Industries, Inc., (Willamette) produces paper products.1 Benchmark Mechanical Contractors, Inc., (Benchmark) entered into a contract with Willamette to provide construction services at Willamette’s facility in Kingsport, Tennessee. Benchmark employed Feathers as a general foreman on the Kingsport construction [563]*563site. As a general foreman, Feathers supervised a crew of Benchmark laborers.

On Saturday, March 17, 2001, Feathers and three members of his crew were fabricating and erecting structural steel-pipe supports in Willamette’s bleach plant. Directly across from the bleach plant was a pulp mill, and between the bleach plant and pulp mill were three railcars sitting on a railroad track. Feathers and his crew needed to move a lift from the pulp mill through an access door in the bleach plant to a courtyard. It was important that the crew get the lift into place on that Saturday so that it would be ready for a larger crew to use on the following Monday. If the lift was not in the courtyard by Monday morning, it could have delayed the larger crew’s work because the increased weekday rail traffic between the bleach plant and pulp mill could impede the lift from being moved.

The railcars between the buildings, however, blocked entry through the access door. Thus, one of the railcars needed to be moved. Feathers claims that he received permission to move the car and that it was common for Benchmark employees to move railcars. He further claims that Willamette personnel were aware that Benchmark employees moved railcars. Feathers admits that he never requested assistance from either Benchmark or Willamette in moving the railcar, but he claims that, because it was Saturday, there were no Willamette crews available. Willamette crews usually moved railcars with a piece of equipment called a “payloader.”

Feathers first attempted to push the railcar with a single forklift. The forklift failed to move the railcar because the ground was wet and the tires on the forklift lost traction on the rails and wet asphalt.

When the first attempt proved unsuccessful, Feathers ordered one of his crew to get a second forklift. Feathers positioned the two forklifts parallel to each other facing the back of the railcar. He secured one end of a steel cable to a forklift, ran the cable around the railcar’s coupling, and secured the other end of the cable to the other forklift. Feathers then ordered the two forklifts to pull backwards on the cable to pull the railcar. According to Feathers, he walked between one of the forklifts and a loading dock and next to the railcar as the railcar began to roll. Although the parties provide different explanations regarding what took place next, it is undisputed that one of the forklifts lost traction and slid towards Feathers. Feathers attempted to jump up on the railcar to avoid being hit, but he was unable to pull himself up fast enough. The mast of the forklift crushed Feathers’s leg as it collided with the rear of the railcar.

The next day, representatives from Benchmark and Willamette met to investigate the accident. The representatives memorialized the meeting in a report entitled “Accident Investigation and Contractor Review for Benchmark Services” (Accident Report). The Accident Report provided the representatives’ findings regarding the circumstances of the accident and set forth nine steps to improve safety at the Kingsport facility. The first step provided that “Benchmark would not bring Jeff Feathers to the Willamette, Kingsport Site anymore. Jeff has had previous safety issues.... This incident shows a lack of safety commitment to Willamette, his crew and Benchmark.”2 J.A. [564]*564at 255. Four days later, Benchmark management, in a letter to Willamette, confirmed that Feathers was banned from the Kingsport facility.

Feathers spent four months recovering from his injury. When Feathers returned to work on July 25, 2001, Dale Jett, a Benchmark Construction Manager, informed him that he had been banned from the Willamette Kingsport facility. Because Benchmark had no other work available, Feathers was laid off. Jett told Feathers that he could review a list of upcoming projects at other facilities and determine whether he was interested in working on any of those projects. Feathers, however, declined the work because those jobs required him to travel to out-of-town locations.

Feathers filed a claim for workers’ compensation benefits for his injury. The record does not indicate when he filed his claim. Feathers obtained workers’ compensation benefits by an order entered March 6, 2002.

On March 15, 2002, Feathers filed a four-count complaint in the Law Court for Sullivan County alleging (1) Benchmark discharged him in retaliation for filing a workers’ compensation claim, (2) Benchmark and Willamette conspired in the retaliatory discharge, (3) Willamette tortiously interfered with the employment contract between Feathers and Benchmark in violation of § 47-50-109 of the Tennessee Code, and (4) Willamette negligently failed to provide a safe working environment. Feathers amended his complaint on March 19, 2002, to add his wife, April Feathers, as a plaintiff. The amended complaint sought damages for April Feathers’s loss of her husband’s “services, companionship, consortium and society” due to his injury. Based on diversity of citizenship, Willamette removed the case to the federal district court below.

Both Benchmark and Willamette filed motions for summary judgment. Benchmark asserted in its motion that Feathers had failed to produce any evidence that it laid off Feathers in retaliation for filing a workers’ compensation claim. Benchmark also asserted that Feathers’s claim of conspiracy failed because (1) Benchmark and Willamette did not work together to terminate Feathers and (2) Feathers cannot prove a prima facie case for the underlying claim of retaliatory discharge. Willamette asserted in its motion that (1) Feathers had failed to produce evidence that Willamette tortiously interfered with any contract of employment because, among other things, there was no contract between Feathers and Willamette, (2) Feathers’s claim of premises liability must fail because Feathers cannot show that Willamette breached any duty, and (3) April Feathers’s claim failed because it was derivative of her husband’s failed claims.

The district court granted both defendants’ motions for summary judgment. The court first ruled that Feathers was an at-will employee.

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