Flynn v. Shoney's Inc.

850 S.W.2d 458, 1992 Tenn. App. LEXIS 883, 71 Fair Empl. Prac. Cas. (BNA) 1801
CourtCourt of Appeals of Tennessee
DecidedOctober 28, 1992
StatusPublished
Cited by17 cases

This text of 850 S.W.2d 458 (Flynn v. Shoney's Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flynn v. Shoney's Inc., 850 S.W.2d 458, 1992 Tenn. App. LEXIS 883, 71 Fair Empl. Prac. Cas. (BNA) 1801 (Tenn. Ct. App. 1992).

Opinion

OPINION

CANTRELL, Judge.

This is an action resulting from an employment discrimination claim based on age. After a jury verdict for the discharged employee, both sides have appealed. The employer seeks a judgment in accordance with its motion for a directed verdict made at the trial; the employee seeks reinstatement or an award of front pay. We affirm the lower court’s decision.

I.

In September of 1988, Shoney’s, Inc. terminated Robert T. Flynn, a 48-year-old employee who had served the company for twelve years in various managerial positions. The termination came at a time when the company was completing a recapitalization and restructuring plan which involved significant reductions in management positions. Mr. Flynn was not, however, discharged when the others were; he had survived the first two rounds of dismissals earlier in the summer of 1988 and had been awarded a stock option plan adopted for long-term employees. Mr. Flynn testified that when he was informed of his termination, his superior also told him that after restructuring it was “out with the old and in with the new;” that for the same money Mr. Flynn was paid the company could hire a lot of “eager young bucks right out of college;” and that it was “a young man’s business.”

Mr. Flynn sued the company for a violation of Tenn.Code Ann. § 4-21-401, et seq., which prevents an employer from discharging an employee because of his age. At the trial the defendant stipulated that Mr. Flynn’s duties had been assigned to younger employees but denied any illegal motivation for Mr. Flynn’s termination. The company attempted to show that in the restructured company Mr. Flynn’s duties had been virtually eliminated.

The case went to the jury on the question of the age discrimination and on the amounts, if any, of back pay and front pay to which he was entitled. The jury returned a verdict for Mr. Flynn finding that his discharge was age related and that he was entitled to $130,776.41 in back pay. The jury found he was not entitled to front pay.

II.

The company asserts that it is entitled to a judgment in accordance with its motion for a directed verdict made at the close of all the proof. Rule 50.02, Tenn. R.Civ.Proc. To succeed at this stage of the litigation, the company acknowledges that it must convince this court that a reasonable mind could draw but one conclusion, Holmes v. Wilson, 551 S.W.2d 682, 685 (Tenn.1977), after taking the strongest legitimate view of the evidence in favor of [460]*460the plaintiff, indulging in all reasonable inferences in his favor, and disregarding, the contrary evidence. Wharton Transport Corp. v. Bridges, 606 S.W.2d 521, 525 (Tenn.1980); Crosslin v. Alsup, 594 S.W.2d 379, 380 (Tenn.1980).

In the face of this formidable obstacle, however, the employer insists that in a reduction-in-force case the plaintiff also has a higher burden: to come forward with additional evidence that age was a determining factor in his termination. Ridenour v. Lawson Co., 791 F.2d 52, 57 (6th Cir.1986); LaGrant v. Gulf & Western Mfg. Co., Inc., 748 F.2d 1087, 1091 (6th Cir.1984). In addition, the employer insists that the age related comments made by the employee’s superior are not sufficient to prove age discrimination. See Chappell v. GTE Products Corp., 803 F.2d 261, 268 n. 2 (6th Cir.1986); Simmons v. McGuffey Nursing Home, Inc., 619 F.2d 369, 371 (5th Cir.1980).

We think, however, that, taken together, the remarks made by Mr. Flynn’s superior are sufficient to take the case to the jury on the question of age discrimination.1 We note that age does not have to be the sole motivating factor in the discharge but only a determining factor. See Bruce v. Western Auto Supply Co., 669 S.W.2d 95. Thus, repeated references to the employee’s age by the company representative while informing the employee of his termination is some evidence from which the jury could infer that age was a factor.

III.

Mr. Flynn insists that he is entitled to reinstatement or front pay and that the jury’s failure to award front pay resulted from specified errors committed at the trial. The employer insists that Mr. Flynn has waived any objection to the judgment as entered.

a.

The procedural history of this case shows the following pertinent steps taken during the course of the trial below:

1. The plaintiff’s complaint, filed July 11, 1989, asked for back pay, front pay, bonuses, benefits, and reinstatement;
2. At the trial the plaintiff offered expert proof on the amount of front pay to which the plaintiff would be entitled and submitted a special request for a jury instruction on the plaintiff's damages. The instruction, which the court adopted, included both back pay and front pay.
3. The jury returned its verdict on June 10, 1991, awarding the plaintiff back pay but finding the plaintiff was not entitled to front pay.
4. On June 13, 1991, before a judgment was entered on the verdict, the plaintiff filed a motion for reinstatement.
5. On June 19, 1991, the court entered a judgment based on the jury verdict.
6. On July 18, 1991, the plaintiff filed a motion asking the court to tax the defendant with attorney’s fees and costs.
7. On July 19, 1991, the defendant filed a motion under Rule 50.02, Tenn. R.Civ.Proc., to set aside the verdict of the jury and to enter judgment in accordance with the motion for a directed verdict made at the trial.
8. The plaintiff responded to the defendant’s motion on August 1, 1991. The response is simply an argument that the evidence was such that the case should have gone to the jury on the discrimination claim.
9. On October 15, 1991, the court ruled on all post-trial motions. Its order denied reinstatement, awarded plaintiff attorney’s fees and costs, and denied the defendant’s Rule 50.02 motion.
10. On October 25, 1991, the plaintiff filed a motion for a new trial on the issue [461]*461of front pay and a motion to alter or amend the amount of back pay and the court’s order denying reinstatement.
11. On November 8, 1991, the plaintiff filed a supplemental motion to alter or amend seeking a court order returning his stock options.
12.

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

Related

Sheryl Galison v. Jennifer Brownell
Court of Appeals of Tennessee, 2024
Terry Wallace v. City of Lewisburg, Tennessee
Court of Appeals of Tennessee, 2020
Mitch Goree v. United Parcel Service, Inc.
490 S.W.3d 413 (Court of Appeals of Tennessee, 2015)
Mickel G. Hoback v. City of Chattanooga
492 S.W.3d 248 (Court of Appeals of Tennessee, 2015)
Reed v. American Cellular, Inc.
39 F. Supp. 3d 951 (M.D. Tennessee, 2014)
James Pierson v. Quad/Graphics Printing Corp.
749 F.3d 530 (Sixth Circuit, 2014)
Christina M. McWhorter v. James C. McWhorter
Court of Appeals of Tennessee, 2006
Buckner v. Hassell
44 S.W.3d 78 (Court of Appeals of Tennessee, 2000)
Devore v. Deloitte & Touche
Court of Appeals of Tennessee, 1998
Holloway v. Collier, Jr.
969 S.W.2d 407 (Court of Appeals of Tennessee, 1997)
David Wayne Gurien v. Allstate Insurance Company
Court of Appeals of Tennessee, 1997
Marilyn Morgan v. Velma McCrory
Court of Appeals of Tennessee, 1997
Thomas R. McCrory v. Kraft Food Ingredients
98 F.3d 1342 (Sixth Circuit, 1996)
Beske v. Opryland USA, Inc.
923 S.W.2d 544 (Court of Appeals of Tennessee, 1996)
Brenner v. Textron Aerostructures, a Division of Textron, Inc.
874 S.W.2d 579 (Court of Appeals of Tennessee, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
850 S.W.2d 458, 1992 Tenn. App. LEXIS 883, 71 Fair Empl. Prac. Cas. (BNA) 1801, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flynn-v-shoneys-inc-tennctapp-1992.