Green v. NLT Computer Services Corp.

649 S.W.2d 475, 1983 Mo. App. LEXIS 3186
CourtMissouri Court of Appeals
DecidedFebruary 8, 1983
DocketNo. WD 33258
StatusPublished
Cited by1 cases

This text of 649 S.W.2d 475 (Green v. NLT Computer Services Corp.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Green v. NLT Computer Services Corp., 649 S.W.2d 475, 1983 Mo. App. LEXIS 3186 (Mo. Ct. App. 1983).

Opinion

TURNAGE, Judge.

Dawn Green filed suit against NLT Computer Services Corporation, claiming that they had failed to give her a service letter correctly stating the length of her employment, the nature and character of her service, and the true cause of her termination. The jury returned a verdict for Green, assessing actual damages at $5,000 and punitive damages at $65,000. The trial court sustained a motion for judgment notwithstanding the verdict, and entered judgment in favor of NLT. In the contingency that the judgment N.O.V. was reversed on appeal, the trial court granted NLT a new trial on the ground that the verdict was against the weight of the evidence.

On this appeal, Green contends that the evidence was sufficient to support a verdict for at least nominal damages and punitive damages, and that the trial court abused its discretion in awarding a new trial on the ground that the verdict was against the weight of evidence. Reversed and remanded.

Green was first employed by NLT in August of 1977 as a computer operator. Later, she was designated as lead computer operator, and received an accompanying salary increase. Her duties as lead computer operator consisted of supervising the other computer operators when the regular supervisor was not present. Green’s immediate supervisor was Jerry McNeal. McNeal’s supervisor was Larry Sanders, who held the position of operations manager.

At the time of Green’s employment with NLT, the company performed computer services for a number of banks and other businesses. The computer operations were performed in a large room using two computers, an IBM 360 “65,” and an IBM 360 “50.” The “50” computer was an older and slower running model than the “65” computer, and the person assigned to operate the “50” could work at a relatively leisurely pace due to the periods of inactivity experienced while waiting for the computer. Because the “65” computer was such a faster operating model, it required constant attention, and two operators were assigned to it. Green, Maureen Krumins, and Kerry Lan-denbaum had worked out an agreement among themselves to rotate between the “50” and “65,” so they could share the lighter duties connected with the “50.” In November of 1978, Green and Krumins were operating the “65” computer, and Landen-baum was operating the “50.”

Green testified that on November 9,1978, near the end of her shift at about 4:00 p.m., she overheard McNeal tell Sanders that he [477]*477was sick and tired of Green and Krumins not doing anything but sitting around and complaining about Landenbaum running the “50.” Green said that this statement was made in the large computer room in the presence of a number of people, including NLT employees, representatives of client banks, ¿nd computer repairers. Green stated that she had walked over to McNeal and Sanders and told them that McNeal’s statement was untrue, that she and Krumins had worked hard for them, and that she did not appreciate McNeal’s making such a statement in the presence of all the people who had been in the room.

Green then told McNeal that she wanted Krumins to hear the statement, and Green promptly paged Krumins over the intercom system. When Krumins arrived, Green asked McNeal to repeat the statement, and when he refused, Green repeated the statement herself. Green testified that at that point McNeal told both Green and Krumins to “get the f-out of here.” Green asked McNeal why she was being told to leave, and she stated that McNeal responded by hollering and screaming for them to get out. Green said that she then asked McNeal if he was firing her, and he responded in' the affirmative. According to Green, Sanders had been standing next to McNeal during the chain of events, and had been laughing throughout. When McNeal told her that she was fired, Green stated that she had turned to Sanders for verification, and that Sanders had backed McNeal up by telling Green to leave the premises. Green stated that she left immediately thereafter.

Landenbaum testified that there had been twenty-five to thirty people in the room when he heard McNeal tell Green that she was fired. He stated that he had seen no physical contact between McNeal and Green, but that during the course of the exchange, both McNeal and Green had turned to Sanders, who nodded his head. Landenbaum further testified that during the preceding summer, McNeal had picked up Green and dropped her on the floor so that she landed on her side. He said that this episode had left Green winded to the extent that she had been unable to move or say anything for a few minutes until she caught her breath.

Krumins’ testimony corroborated that of Green and Landenbaum, in that she stated that she had not seen Green punch McNeal. Krumins added that she had observed McNeal jab his finger at Green and Green attempt to fend him off.

McNeal testified that he had been talking with Sanders on the day in question, when Green approached them and asked if they were talking about her. He agreed that Green paged Krumins over the intercom, and that he later told Green to leave the room. He stated that Green had asked him several times if she was fired, and that he had repeatedly told her that she was not. He said that at that point Green put her hands on his chest and shoved him backward, causing him to fall against a table. After this Green again inquired if she had been fired. McNeal stated that at that point he looked at Sanders, and when Sanders nodded his head, McNeal told Green she was fired.

Sanders testified that he had been the operations manager of the shift on which Green and the others worked, and that he was McNeal’s supervisor. Sanders confirmed that the dispute had begun basically as the other parties had described. Sanders further corroborated McNeal’s testimony that Green had asked him several times if she was fired, and that after Green had pushed McNeal, McNeal looked at Sanders who had nodded, prompting McNeal to tell Green that she was fired.

The deposition of Gene Bowlin, a computer operator who had worked on the same shift as Green, was read at the trial. Bowen stated that all he had heard were Green’s words, “fire me, fire me, fire me.” He stated Green had pushed McNeal and Bowlin described the push as “an antagonizing tap.” At that point, he heard McNeal tell Green that she was fired.

Green returned to NLT on the next day, November 10, and spoke with Sanders. She stated that Sanders had apologized to her, [478]*478claiming that he had not realized the seriousness of the matter, and had expected her to return to work the next day. Sanders then wrote a “To Whom it May Concern” letter in his own handwriting, and gave it to Green during the November 10 meeting. The letter stated that Green had been employed by NLT as a computer operator, and most recently as a lead computer operator. The letter stated that “Dawn [Green] is an excellent computer [sic] and is able to perform all facets of computer operations.” The letter continued that “due to an unfortunate incident she is no longer with us” and concluded that Green had always been “rated well above average.”

During that same meeting, Green made a written request to Sanders for a service letter. On November 14, 1978, Sanders wrote such a letter, stating that Green had been employed from 8-10-77 through 9-9-78 by NLT as a computer operator. In the service letter Sanders rated Green as an above average computer operator, and stated that “[t]he reason for your termination was insubordination toward your immediate supervisor.”

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Bluebook (online)
649 S.W.2d 475, 1983 Mo. App. LEXIS 3186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/green-v-nlt-computer-services-corp-moctapp-1983.