Knutson v. Schwan's Home Service, Inc.

870 F. Supp. 2d 685, 2012 U.S. Dist. LEXIS 58832, 2012 WL 1466681
CourtDistrict Court, D. Minnesota
DecidedApril 27, 2012
DocketCivil No. 10-4823(DSD/TNL)
StatusPublished
Cited by4 cases

This text of 870 F. Supp. 2d 685 (Knutson v. Schwan's Home Service, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knutson v. Schwan's Home Service, Inc., 870 F. Supp. 2d 685, 2012 U.S. Dist. LEXIS 58832, 2012 WL 1466681 (mnd 2012).

Opinion

ORDER

DAVID S. DOTY, District Judge.

This matter is before the court upon the motion for summary judgment by defendants Schwan’s Home Service, Inc. and The Schwan Food Company (collectively, Schwan’s). Based on a review of the file, record and proceedings herein, and for the following reasons, the court grants the motion.

BACKGROUND

This employment dispute arises out of the termination of plaintiff Jeff Knutson by Schwan’s in February 2009. Through its various entities, Schwan’s manufactures frozen foods in several states, then transports those products to regional distribution centers for delivery to local depots. The local depots then deliver the products to consumers, using delivery trucks with a gross vehicle weight rating (GVWR) of between 10,001 and 26,000 pounds.

Knutson began working for Schwan’s in 1998 and was promoted to district general manager in 2005. In May 2007, Schwan’s terminated Knutson because “his region was moving in a different direction.” Knutson Dep. 88:16-89:2. Schwan’s rehired Knutson in July 2007 as the location general manager of the Zumbrota, Minnesota depot. Thereafter, the depot became more productive.

Knutson’s employment was conditioned upon his meeting the standards of the U.S. Department of Transportation (DOT)1 and Schwan’s for motor-vehicle records, physical examination and functional-capacity testing. The position description requires location general managers to meet DOT “eligibility requirements, including appropriate driver’s license and corresponding medical certification.” Id. Ex. 20. Schwan’s policy states that “when an injury can affect the DOT status or medical status or health status, at that point ... a DOT employee needs to seek out medical attention and see if they can obtain a medical card.” See Hunstad Dep. 39:21-40:5; Evert Dep. 29:21-31:10.

The DOT requires a person to be medically certified to operate a commercial motor vehicle, or obtain a medical variance from the Federal Motor Carrier Safety Administration. 49 C.F.R. § 391.41(a)(1), (a)(3). To be certified, a person must have distant visual acuity of at least 20/40 — or corrected to at least 20/40 — in each eye, distant binocular acuity of at least 20/40 using both eyes, a horizontal field of vision of at least 70 degrees in each eye and the ability to distinguish the colors of traffic signals. Id. § 391.41(b)(10). A person must renew the medical examiner’s certificate every 24 months or whenever the “ability to perform his/her normal duties has been impaired by a physical or mental injury or disease.” Id. § 391.45.

When he began work as a location general manager, Knutson was DOT qualified and had obtained a medical-examiner’s certificate valid through July 2009. At first, he drove delivery trucks as part of training and managing the staff at Zumbrota. According to Knutson, he last drove a delivery truck for Schwan’s on November 7, 2007. Pl.’s Mem. Opp’n 1, 3. But see Knutson Dep. 295:5-15.2 Thereafter, when he delivered products for Schwan’s, he used his personal car. PL’s Mem. Opp’n 3.

[688]*688In March 2008, Knutson suffered a penetrating eye injury. Following surgery, he reported to his supervisor, Jed Hunstad, that his prognosis ranged from having no vision in the affected eye to 20/20 vision. Ultimately, Knutson had three surgical procedures, each involving injection of a bubble into his eye to stabilize his retina. While the bubbles were present, the outcome of each procedure was uncertain. Hoping that Knutson would recover, Hunstad did not report the injury to human resources. Hunstad Dep. 29:5-33:1.

In late 2008, Hunstad reported the injury to Roger Evert in human resources. Id. at 34:21-35:4. According to Knutson, Schwan’s sent him to a local clinic for a fitness-for-duty exam, and the doctor referred Knutson for further consultation. As a result, the second doctor concluded:

Uneorrected vision in each eye is 20/20 in the right at distance; 20/400 at distance in the left, 20/15 both together. Corrected vision shows the right eye to have 20/15 vision, the left eye 20/200 vision at distance. Near vision is 20/25 with both eyes together. A full field 120 point screening visual field test was given today. His right eye shows normal fields. Left eye shows depression on temporal aspect and inferior aspect causing decreased fields in these areas limiting his field to approximately 60 to 70 degrees....

Knutson Dep. Ex 11. The doctor further opined that Knutson “has exceptionally good vision in his right eye and reasonably wide visual fields using both eyes together” and that he “would be safe to operate a motor vehicle.” Id. The doctor did not, however, give Knutson a medical-examiner’s certificate or waiver.3 Knutson told Hunstad about his results.

Schwan’s notified Knutson that due to his injury, he would be placed on a 30-day leave in which to obtain a new medical-examiner’s certificate or apply for non-DOT-qualified positions within Schwan’s. Knutson Dep. Ex. 14. During his leave, Knutson did not visit a physician to seek a medical-examiners certificate or secure a waiver. Id. at 30:13-34:1; 47:3-48:14. Knutson applied for two positions within Schwan’s, but was not offered the positions. Id. at 34:2-13. Evert contacted Knutson shortly before the 30-day period ended because he had not heard from Knutson. Evert Dep. 85:9-863; Knutson Dep. 260:15-18. Knutson replied that there was nothing with which Evert could assist him. Knutson Dep. 276:14-277:2. On February 9, 2009, Schwan’s terminated Knutson’s employment.

Knutson filed a charge of discrimination with the Equal Employment Opportunity Commission. After receiving a right-to-sue letter, Knutson timely filed the present action in Minnesota court. Knutson claims disability discrimination in violation of the Americans with Disabilities Act (ADA) and the Minnesota Human Rights Act (MHRA), breach of contract and failure to pay wages upon discharge in violation of Minnesota Statutes § 181.13. Schwan’s removed and now moves for summary judgment.

DISCUSSION

The court “shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A fact is material only when its resolution affects the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute is genuine if the evidence is such that it could cause a reasonable jury to return a [689]*689verdict for either party. See id. at 252, 106 S.Ct. 2505.

The court views all evidence and inferences in a light most favorable to the nonmoving party. See id. at 255, 106 S.Ct. 2505. The nonmoving party must set forth specific facts sufficient to raise a genuine issue for trial; that is, the nonmoving party “must do more than simply show that there is some metaphysical doubt as to the material facts.” Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 150, 120 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
870 F. Supp. 2d 685, 2012 U.S. Dist. LEXIS 58832, 2012 WL 1466681, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knutson-v-schwans-home-service-inc-mnd-2012.