Gucker v. U.S. Steel Corp.

212 F. Supp. 3d 549, 32 Am. Disabilities Cas. (BNA) 1740, 2016 U.S. Dist. LEXIS 117581, 2016 WL 4539614
CourtDistrict Court, W.D. Pennsylvania
DecidedAugust 31, 2016
DocketCivil Action No. 13-583
StatusPublished
Cited by5 cases

This text of 212 F. Supp. 3d 549 (Gucker v. U.S. Steel Corp.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gucker v. U.S. Steel Corp., 212 F. Supp. 3d 549, 32 Am. Disabilities Cas. (BNA) 1740, 2016 U.S. Dist. LEXIS 117581, 2016 WL 4539614 (W.D. Pa. 2016).

Opinion

MEMORANDUM OPINION

Nora Barry Fischer, United States District Judge

I. Introduction

Presently before the Court is the Motion to Mold the Verdict to Conform to the Statutory Cap (Docket No. 185) filed by U.S. Steel Corporation (“U.S. Steel” or “Defendant”) following a jury trial in which judgment was rendered in favor of Albert E. Gucker (“Plaintiff’) pursuant to the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq. (“ADA”), and the Pennsylvania Human Relations Act, 43 Pa. Stat. § 951, et seq. (“PHRA”). Defendant requests that the Court reduce the jury’s award of $550,000.00 in compensatory damages and $5,000,000.00 in punitive damages (Docket No. 182) to conform with the statutory cap in 42 U.S.C. § 1981a(b)(3)(D). After careful consideration of the parties’ positions, the evidence of record, and pertinent statutory and case law, the Court GRANTED Defendant’s Motion, in part, and DENIED, in part. (Docket No. 249).

II. Factual & Procedural Background

A. Plaintiffs Career at U.S. Steel

Upon graduation from high school, Plaintiff went to trade school at the U.S. Steel Duquesne Works for approximately three years. (Docket No. 211 at 81:21-25). In 1971, he began working for the company as a laborer at the Irvin Works. (Docket No. 211 at 82:15-20). During his career, he had a series of promotions: first to millwright helper; then to millwright apprentice; and finally, to millwright. (Docket No. 211 at 83:3-25). As a millwright, he was an equipment mechanic in the mill. (Docket No. 211 at 84:1-2).

■ Plaintiff eventually became an equipment repairman in the Irvin Works tractor shop, where he worked for approximately fifteen (15) years. (Docket No. 211 at 84:8-11, 84:23-24). The tractor shop took care of all of the mobile equipment in the plant. The equipment repairman position was substantially the same as Plaintiffs millwright position in the mill, but he was responsible for servicing different types of equipment. (Docket No. 211 at 84:14-16). Plaintiff serviced forklifts, rams, tow motors, and equipment that moved heavy coils. (Docket No. 211 at 84:18-19; 213 at [551]*551230:12-17). It was important for the tractor shop workers to quickly fix and service equipment, so that the facility did not have to be shut down. (Docket No. 213 at 231:13-16).

B. Plaintiffs Medical Restrictions

Plaintiff had medical restrictions for at least ten (10) years due to his arthritic knees. (Docket Nos. 211 at 87:25, 101:20; 213 at 10:4-6). Specifically, he was not to lift anything heavier than thirty (30) pounds and was not to climb more than ten (10) steps. (Docket No. 211 at 87:20-24). Plaintiff also has atrial fibrillation, for which he takes medication. He believed that U.S. Steel was aware of this condition. (Docket No. 211 at 102:3). Due to his restrictions, Plaintiff was issued a parking pass. (Docket No. 211 at 98:17-20; Joint Exhibit 48, Drive-In Pass Approval).

Plaintiff was capable of performing his duties as a mechanic in the tractor shop, and was never cited for poor work performance. (Docket No. 211 at 99:9-15). There were no tasks that were essential to his job that he was unable to perform; neither were there any tasks that he refused to do. (Docket No. 211 at 99:18; 100:3, 15-24). He was sometimes asked to lift an object that was fifty (50) pounds, but in such instances it was a two-person job that he could complete with a coworker. (Docket No. 211 at 200:19-24).

C. Gallbladder Surgery

During the fall of 2011, Plaintiff was on medical leave while recovering from gallbladder surgery. (Docket Nos. 211 at 86:9-11, 94:4; 212 at 104:24). Plaintiff informed his doctors that he felt ready to return to work near the end of December 2011. (Docket No. 211 at 114:4-7). Plaintiffs surgeon, Dr. Brent Angott, released him to return to work on December 27, 2011. (Docket No. 211 at 94:5-18). He did not have any new restrictions as a result of his gallbladder surgery. (Docket No. 213 at 18:10).

D.Events of December 28, 2011

Plaintiff reported to the mill on December 28, 2011. (Docket No. 211 at 85:1-3, 89:13-15). That morning, he was required to submit to a physical by Dr. Richard Katz (“Katz”), a U.S. Steel physician employed by Workwell Corporation at the Irvin Works. (Docket Nos. 211 at 94:22-95:4; 213 at 122:15, 124:13-25, 125:11). The assessment lasted approximately five (5) to ten (10) minutes. (Docket No. 213 at 128:11-14, 129:15-18). Katz observed that Plaintiff underwent laparoscopic surgery, was on no new medications, and was released by his surgeon to return to full duty. (Docket No. 213 at 130:1-3). Examination results did not change Plaintiffs previous medical restrictions. (Docket No. 213 at 148:10).

Katz cleared Plaintiff to return to work. (Docket No. 211 at 95:9-25). The form that showed that Plaintiff was able to return to work indicated that he had a medical restriction of not lifting thirty (30) or more pounds. (Docket No. 211 at 97:23). This was the same restriction that had been in place for at least ten (10) years before his leave. (Docket No. 213 at 10:4-7). Plaintiff thereafter resumed his normal duties. (Docket No. 211 at 114:16-24). Plaintiff worked for approximately five (5) hours. (Docket No. 211 at 121:2-3). There were no workplace incidents during that time. (Docket No. 211 at 115:3).

Later that morning, Ashley Ligman (née Ashby) (“Ligman”), the maintenance manager of the tractor shop who had been Plaintiffs supervisor for approximately three (3) years, noted Plaintiffs medical return to work form on her desk. (Docket Nos. 211 at 102:18; 213 at 218:3-5). After seeing that the form contained work restrictions, she took it to her supervisor, [552]*552Don Hubert’s (“Hubert”) office and left it on his desk. (Docket No. 213 at 218:6-8).

Hubert was the area manager of central maintenance. (Docket No. 211 at 85:7-11). In that position, he oversaw maintenance for the entire plant. (Docket No. 213 at 229:12-14). He supervised approximately fifty (50) to one hundred (100) employees. (Docket No. 213 at 238:7-9). In addition to the tractor shop where Plaintiff worked, he also oversaw the electrical repair shop, the machine shop, and the refrigeration shop. (Docket No. 213 at 230:5-23). Hubert had been in his position for approximately three (3) months. (Docket No. 211 at 86:9, 102:20). He had access to the employees’ return-to-work slips in each employee’s file; but he stated that they were not something that he would seek out. (Docket No. 214 at 24:16-20, 25:1-7). However, Ligman testified that Hubert had told her and the other central maintenance supervisors that when employees came to work with restrictions, he wanted to see them. (Docket No. 213 at 218:19-219:1).

Hubert called Ligman into his office, where they spoke about Plaintiffs medical slip and the lifting restriction of thirty (30) pounds. (Docket Nos. 213 at 218:9-10; 214 at 27:20-21). He informed her that he wanted to speak to Plaintiff about the restriction. (Docket Nos. 213 at 218:9-10; 214 at 28:5-6). She was present when Plaintiff was called into Hubert’s office. (Docket No. 211 at 85:15-20, 117:4).

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212 F. Supp. 3d 549, 32 Am. Disabilities Cas. (BNA) 1740, 2016 U.S. Dist. LEXIS 117581, 2016 WL 4539614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gucker-v-us-steel-corp-pawd-2016.