Jernigan v. General Motors Corp.

447 N.W.2d 822, 180 Mich. App. 575, 1989 Mich. App. LEXIS 538, 62 Empl. Prac. Dec. (CCH) 42,439, 51 Fair Empl. Prac. Cas. (BNA) 1080
CourtMichigan Court of Appeals
DecidedOctober 16, 1989
DocketDocket 105553, 106661
StatusPublished
Cited by10 cases

This text of 447 N.W.2d 822 (Jernigan v. General Motors Corp.) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jernigan v. General Motors Corp., 447 N.W.2d 822, 180 Mich. App. 575, 1989 Mich. App. LEXIS 538, 62 Empl. Prac. Dec. (CCH) 42,439, 51 Fair Empl. Prac. Cas. (BNA) 1080 (Mich. Ct. App. 1989).

Opinions

Michael J. Kelly, P.J.

Rosa Jernigan appeals from a jury verdict of no cause of action in this employment discrimination case. Plaintiff also appeals from the circuit court’s denial of her motions for a new trial or judgment non obstante veredicto, and from the court’s award of attorney fees to defendant under MCR 2.403. We affirm.

Plaintiff sued defendant, Central Foundry Division of General Motors Corporation, for employment discrimination under the Civil Rights Act, MCL 37.2101 et seq.; MSA 3.548(101) et seq. Plaintiff, a black woman, was hired as a sixth level workers’ compensation adjuster at defendant’s Saginaw Malleable Iron Plant in October of 1977. Plaintiff’s complaint alleged numerous incidents of disparate treatment by defendant due to her race and gender, mainly in the way that she was treated by her supervisors and in denying her requests for promotion or cross-training. Cross-training involved an exchange of jobs between employees to broaden their work experience. Defendant evaluated the performance of its salaried employees annually. Plaintiffs performance appraisals from 1979 to 1981 rated her work at the highest possible rating. Plaintiff resigned from her job in August of 1982, claiming that she had been constructively discharged.

Plaintiffs complaint alleged that five white men in the department where she worked had been cross-trained, transferred, or promoted. She al[579]*579leged that she had been discriminated against and that she was not considered for or was passed over for promotion or cross-training while other white or male employees were advanced, and that she was denied promotion due to her race and gender.

Defendant argued that plaintiff did not seek promotion or cross-training until October of 1979, when defendant reduced its salaried work force due to an economic downturn in the auto industry. Defendant maintained that none of the five white male employees mentioned by plaintiff were similarly situated with plaintiff because those employees were at least seventh level employees as of October, 1979, and had all been cross-trained, transferred, or promoted prior to defendant’s reduction of its salaried work force.

After a four-day jury trial, the jury found in defendant’s favor. The circuit court entered a judgment of no cause of action against plaintiff and denied plaintiff’s motion for a new trial or judgment notwithstanding the verdict. Following the verdict in its favor, defendant moved for an award of costs and attorney fees pursuant to MCR 2.403. The circuit court awarded defendant costs of $155.55 and attorney fees of $25,110.

i

Plaintiff first argues that the circuit court committed error requiring reversal by using defendant’s proposed jury instruction instead of SJI 105.04, which was requested by plaintiff. We disagree. MCR 2.516(D)(2) provides:

Pertinent portions of the Michigan Standard Jury Instructions (SJI) must be given in each action in which jury instructions are given if
(a) they are applicable,
[580]*580(b) they accurately state the applicable law, and
(c) they are requested by a party.

In Johnson v Corbet, 423 Mich 304, 325-327; 377 NW2d 713 (1985), our Supreme Court noted that the Standard Jury Instructions should be used when requested, as required by MCR 2.516(D)(2), but that a jury verdict should be vacated "only when the failure to comply with MCR 2.516 amounts to an 'error or defect’ in the trial so that failure to set aside the verdict would be inconsistent with substantial justice.”

SJI 105.04, as applied to plaintiffs case, would read:

Plaintiff has the burden of proving that: (a) defendant failed to promote and/or failed to train the plaintiff and (b) race/color and/or sex was one of the motives or reasons which made a difference in determining to fail to promote and/or failing to train the plaintiff.
Your verdict will be for the plaintiff if you find that defendant failed to promote and/or failed to train the plaintiff and that race, color and/or sex was one of the motives or reasons which made a difference in determining to fail to promote and/or train the plaintiff.
Your verdict will be for the defendant if you find that defendant did not fail to promote and/or fail to train the plaintiff. Your verdict will also be for the defendant if you find that defendant did fail to promote and/or fail to train the plaintiff, but that race, color and/or sex was not one of the motives or reasons which made a difference in determining to fail to promote and/or fail to train the plaintiff.

Rather than read SJI 105.04 to the jury verbatim, the court gave the following instruction, which had been requested by defendant:

The plaintiff has the burden of proving that [581]*581similarly situated white or male employees were promoted or cross-trained or treated differently during the period plaintiff sought promotions and cross-training, and that plaintiff’s race, color or sex was one of the motives or reasons which made a difference in determining not to promote or cross-train the plaintiff, or in her treatment by the defendant.
Your verdict will be for the plaintiff, Rosa Jernigan, if you find that similarly situated white or male employees were promoted or cross-trained or treated differently during the period plaintiff sought promotions and cross-training and that plaintiff’s race, color or sex was one of the motives or reasons which made a difference in determining not to promote or cross-train her or in her treatment by the defendant.
Your verdict will be for the defendant if you find that similarly situated white or male employees were not promoted or cross-trained during the period plaintiff sought promotion and cross-training, or treated differently, or that plaintiff’s race, color or her sex did not make a difference in determining whether or not to promote or cross-train the plaintiff or in her treatment by the defendant.

Plaintiff argues that the trial court’s jury instruction placed an additional burden of proof on plaintiff and misstated the law, so the jury’s verdict must be overturned. We agree that the instruction was erroneous, but disagree that reversal is required. At trial the parties agreed that SJI 105.04 was applicable. Since the instruction as drafted requires completion, each party proposed its version of a completed instruction based upon the nature of plaintiff’s claim.

Plaintiffs complaint alleged that defendant discriminated against her on the basis of her race and gender by disparate treatment. To establish a prima facie case, plaintiff must show that she was [582]*582a member of a class entitled to protection under the civil rights statute, and that, for the same or similar conduct, she was treated differently due to her race or gender. Sisson v Bd of Regents of the University of Michigan, 174 Mich App 742, 746-747; 436 NW2d 747 (1989); Pomranky v Zack Co, 159 Mich App 338, 343; 405 NW2d 881 (1987). Thus, plaintiff had the burden of proving that defendant failed to promote or cross-train her and that her race and gender were among the reasons which made a difference in defendant’s failure to promote or cross-train her.

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Jernigan v. General Motors Corp.
447 N.W.2d 822 (Michigan Court of Appeals, 1989)

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Bluebook (online)
447 N.W.2d 822, 180 Mich. App. 575, 1989 Mich. App. LEXIS 538, 62 Empl. Prac. Dec. (CCH) 42,439, 51 Fair Empl. Prac. Cas. (BNA) 1080, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jernigan-v-general-motors-corp-michctapp-1989.