Gomez v. the Finishing Co., Inc.

861 N.E.2d 189, 308 Ill. Dec. 124, 369 Ill. App. 3d 711, 2006 Ill. App. LEXIS 1184
CourtAppellate Court of Illinois
DecidedDecember 18, 2006
Docket1-05-3386
StatusPublished
Cited by31 cases

This text of 861 N.E.2d 189 (Gomez v. the Finishing Co., Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gomez v. the Finishing Co., Inc., 861 N.E.2d 189, 308 Ill. Dec. 124, 369 Ill. App. 3d 711, 2006 Ill. App. LEXIS 1184 (Ill. Ct. App. 2006).

Opinion

JUSTICE CAHILL

delivered the opinion of the court:

A jury returned a verdict in favor of plaintiff Cutberto Gomez, who had filed a complaint for retaliatory discharge against defendant The Finishing Company, Inc., his former employer. The jury answered “yes” to the special interrogatory: “Was [pjlaintiff terminated from his employment in retaliation for calling the Occupational Health and Safety Administration [(OSHA)]?” The jury awarded plaintiff compensatory and punitive damages of $111,601.74. Defendant filed and the trial court denied posttrial motions for: (1) a judgment notwithstanding the verdict (judgment n.o.v.), (2) a directed verdict and (3) remittitur. Defendant appeals from those rulings. It also raises the collateral issues of whether the verdict was against the manifest weight of the evidence; whether plaintiff established prima facie evidence of retaliatory discharge and, specifically, whether plaintiff provided evidence of pretext; whether defendant was entitled to a directed verdict due to plaintiffs failure to provide sufficient evidence of pretext; whether the court committed reversible error in ruling on certain motions in limine-, and whether the court committed reversible error in denying defendant’s posttrial motion requesting, inter alia, a new trial and remittitur. We affirm.

Plaintiff began working for defendant in 1990. He received promotions and raises during his tenure. At the time of his discharge, he was the first-shift supervisor in the powder coating division plant, where wire racks were treated with spray paint finishes.

On March 3, 2000, without informing his employer or coworkers, plaintiff called OSHA to complain about conditions in the plant. Defendant heard from OSHA the next day, March 4, 2000. Plaintiff was discharged on April 11, 2000, by Brad Watt, president of the powder coating division. The letter of termination read:

“We, the management of The Finishing Company, do not believe your leadership of the employees on your shift has been adequate to properly supervise. Unfortunately, you have not developed to a level we expected and do not set a good example for the employees on your shift. We feel it is not in the Company’s best interest to keep your employ.”

Two days later, April 13, 2000, Watt sent a memo to Billy Carlson, the president of The Finishing Company:

“Per your instruction and recommendation to adopt cost containment measures in the Powder Coating Division, I elected to reduce our supervisory staff. ***
The only means I could see to reduce costs was to permanently lay off the first shift supervisor, Cutberto Gomez, and give the bulk of his responsibilities to the General Foreman ***. ***
I have no intention of reinstating this position in the future, as I believe we will be able to perform at optimum levels without it.”

Plaintiff filed a complaint on January 25, 2002, alleging retaliatory discharge. He sought compensatory and punitive damages and the costs of the lawsuit. The matter proceeded to a jury trial. During voir dire, the trial court asked the venire, “[I]s there anyone here who has *** an objection to rewarding money damages under any circumstances?” The judge also said, “Sometimes in the law there’s a concept called punitive damages.” He described such damages as being “in the nature of punishment of a defendant.” He asked if any prospective jurors opposed punitive damages to the extent that they could not award them under any circumstances. None did.

The trial court granted a motion in limine, barring defendant from presenting evidence of its cost-cutting measures in effect at the time of the trial in 2005. The trial court ruled that recent cost-cutting measures were irrelevant to conditions in 2000, the year of plaintiffs discharge, and could be prejudicial.

The parties in their briefs refer to another motion in limine made by plaintiff to bar evidence that he received unemployment compensation benefits. Neither party gave us an accurate page citation in the record for this motion or the trial court’s ruling. The lack of support in the record precludes our review of defendant’s claim that the trial court erred in barring the evidence of plaintiff’s unemployment compensation.

Plaintiff testified on his own behalf at trial. He said that from 1997 to 2000 he made general complaints to his supervisor and the plant safety manager about high levels of heat, smoke and paint dust in the work environment. Plaintiff said masks provided by the safety manager did not prevent paint dust from entering the body. He said that when he cleaned up at home after work, he would find residue in his nose the color of the paint he had used that day — blue, white or green. “Sometimes it’s scary because it’s a lot of paint inside your body,” he testified. Plaintiff said smoke, powder paint and dust were in the lunch area and contaminated the food.

On March 3, 2000, plaintiff made a telephone call to OSHA, after learning of the existence of OSHA from his wife. He told the person who answered the telephone at OSHA of his complaints about the plant and asked to remain anonymous because he did not know what would happen if defendant learned he had called. The next day, he saw Arturo Bahena, the plant manager, talking to Watt. Plaintiff said Bahena was very angry when he came out of the meeting. Bahena showed plaintiff a letter from OSHA and asked him who had called OSHA. When plaintiff said he did not know, Bahena asked him to find out. Plaintiff described the atmosphere in the plant as “tense.”

Plaintiff then testified that soon after the receipt of the OSHA letter, Connie Vrenios, the plant safety manager, called plaintiff into her office and gave him a safety manual. He refused to sign a paper stating he had read the manual, because the conditions in the plant were usually unlike those described in the manual. Plaintiff said when inspectors came to investigate the complaint made to OSHA, the rate of production had been reduced, so there were lower temperatures and fewer paint guns in operation. About one hour after the inspector left, plaintiff was told to start running the line at the usual rate. Photographs of the inside of the plant taken by plaintiff in March 2000 were entered into evidence.

Plaintiff testified that on April 11, 2000, Bahena told him that Watt wanted to talk with him. Watt gave plaintiff the termination letter. The meeting lasted 10 to 15 minutes. Plaintiff said he was not told that he was being fired as a cost-cutting measure. He said he had difficulty finding work after his discharge.

Plaintiff admitted on cross-examination that he was unaware of the company’s financial condition. He said Watt apologized for discharging him and offered to give him references for another job. Nothing was said about OSHA. Defense counsel asked plaintiff questions about his salary at the company and at his job after his discharge, but not about his unemployment compensation. Plaintiff said he did not tell the safety manager or the plant manager that he had called OSHA.

Vrenios was called by plaintiff as an adverse witness.

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Cite This Page — Counsel Stack

Bluebook (online)
861 N.E.2d 189, 308 Ill. Dec. 124, 369 Ill. App. 3d 711, 2006 Ill. App. LEXIS 1184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gomez-v-the-finishing-co-inc-illappct-2006.