Kovaco v. Rockbestos-Surprenant Cable Corp.

979 F. Supp. 2d 252, 2013 WL 5407198, 2013 U.S. Dist. LEXIS 137353
CourtDistrict Court, D. Connecticut
DecidedSeptember 25, 2013
DocketNo. 3:11-cv-00377-WWE
StatusPublished
Cited by4 cases

This text of 979 F. Supp. 2d 252 (Kovaco v. Rockbestos-Surprenant Cable Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kovaco v. Rockbestos-Surprenant Cable Corp., 979 F. Supp. 2d 252, 2013 WL 5407198, 2013 U.S. Dist. LEXIS 137353 (D. Conn. 2013).

Opinion

MEMORANDUM OF DECISION ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

WARREN W. EGINTON, Senior District Judge.

Plaintiff Josif Kovaco filed this action against defendant Rockbestos-Surprenant Cable Corp., alleging discrimination and retaliation in violation of the Americans with Disabilities Act (“ADA”) 42 U.S.C. § 12101, the Age Discrimination in Employment Act (“ADEA”) 29 U.S.C. § 621-634, Title VII of the Civil Rights Act of 1964 (“Title VII”.) 42 U.S.C. § 2000e et seq., the Family Medical Leave Act (“FMLA”) 29 U.S.C. § 2601 et seq., Connecticut General Statutes § 46a-60(a)(l) and (a)(4), and Connecticut common law. Specifically, plaintiff alleges that he was discriminated against and terminated based on his disability, age, national origin, and use of medical leave. In addition, plaintiff alleges intentional infliction of emotional distress, statutory theft and conversion of his property.

Defendant has filed a motion for summary judgment on all counts.

BACKGROUND

In April 2005, defendant hired plaintiff as a maintenance mechanic stationed at [256]*256the company’s' East Granby, Connecticut facility. Plaintiff reported to defendant’s maintenance supervisor, Greg Miller.

As a maintenance mechanic, plaintiff was generally responsible for repairs to a wide range of factory equipment and machinery, as well as plumbing, welding, janitorial services, mechanical and electrical work.

Defendant’s maintenance department had three electric carts and a forklift available for use by the mechanics to transport parts and tools. However, one of the three carts was assigned to a mechanic, Larry DeGreenia, who had a medical condition that inhibited his ability to walk around defendant’s facility. A second cart was used predominantly by Ray Torres, who custom painted the cart and kept it locked in a cage after his shift. As a result, the third maintenance department cart was shared by the remainder of the maintenance employees.

In early December 2009, plaintiff presented a medical note from his physician calling for four weeks of “limited walking” and “no climbing stairs.” During a subsequent meeting with his supervisors and an HR administrator, plaintiff requested permission to use an electric cart as needed. Plaintiff admits that defendant told him it would accommodate him by allowing him use of the electrical cart whenever he required it, but plaintiff argues that this was not accommodation as defendant was essentially maintaining the status quo: all mechanics were already permitted use of the one shared cart as needed.

Jeff Rasmus, one of plaintiffs supervisors, testified that he and Miller informed the other supervisors that a cart should be made available for plaintiffs use. However, Philip Borgia, defendant’s human resources director, testified that he had no idea about whether all of plaintiffs supervisors were informed of his need for accommodation. Borgia further testified that he first learned of plaintiffs need for light duty during his deposition.

On January 6, 2010, defendant granted plaintiffs request for medical leave under the FMLA and subsequently restored plaintiff to his position as a maintenance mechanic, with no diminution in pay, benefits or job perquisites.

On March 19, 2010, Miller directed a member of his maintenance staff, Vernon Soucy, to place an OSHA lockout tag on the shared cart and move the cart to the boiler room so it would be out of the way. OSHA lockout tags are safety mechanisms designed to prevent workers from using equipment, machinery, or devices deemed to be hazardous or potentially hazardous. Plaintiff participated in safety training with regard to OSHA lockout policies and procedures.

During the night shift of March 19-20, plaintiff, who was working a temporary assignment on the third shift, entered the locked boiler room, broke the tag off the locked out cart, and proceeded to use the cart. Plaintiff testified that he examined the cart before putting it into use. Plaintiff also testified that as a maintenance mechanic, he regularly performed repairs on the electric carts and their batteries.

On March 20, 2010, when Miller reported to work, he could not immediately locate the locked out cart because it was not in the boiler room. Miller then questioned the third shift supervisor, Kurt Burke, who reported seeing plaintiff use the cart. Eventually the missing cart was found in the shipping area, a remote part of defendant’s facility. The battery was completely drained.

Rasmus and Miller spoke with plaintiff when he next reported to work on March 23, 2010, at which time plaintiff acknowledged entering the boiler room, breaking [257]*257the OSHA lockout tag, and using the cart. Rasmus placed plaintiff on suspension pending further investigation and scheduled a follow-up meeting for March 29, 2010, when, defendant’s director of human resources, Borgia, would be back from vacation.

When Borgia returned, Miller and Rasmus provided him with an account of the circumstances that precipitated plaintiffs suspension. Borgia and Rasmus agreed to keep all disciplinary options on the table until the investigation concluded.

Upon further investigation, Borgia learned that the cart was locked out because it was not holding a charge. Plaintiff testified that he was unable to discover any mechanical or electrical issues with the cart and that he used the cart for much of his work shift without issue.

Borgia called plaintiff to a meeting ;on March 29, 2010, which was also attended by half a dozen other management level employees. At the meeting, Borgia gave plaintiff an opportunity to relate his position.

After discussing the incident, the managers in attendance agreed that plaintiffs employment should be terminated. Borgia called plaintiff back to the conference room and advised him of the decision. He thereafter sent plaintiff a letter summarizing the reasons underlying the discharge decision.

On July 20, 2010, plaintiff returned to defendant’s facility to claim his toolbox and tools. Upon arrival, plaintiff examined his tools and loaded them into his truck. The next day, plaintiff sent a letter to defendant alleging that his toolbox had been opened and tampered with. Defendant, through a letter from Borgia, denied tampering with plaintiffs toolbox.

Following his termination, plaintiff submitted an application to the Social Security Administration (“SSA”) for social security disability benefits. On his application, plaintiff described his job requirements as a mechanic to include: “Walk about 1/2 mile for fixing machines. I had to lift parts.” ■ Plaintiff reported that in a typical day he spent seven and one-half hours walking and standing, one hour climbing, four hours stooping and crouching, two and one-half hours handling large objects, and eight hours per day reaching. Plaintiff told the SSA that he carried a pouch containing forty pounds of tools “frequently,” (defined as from 1/3 to 2/3 of the workday), lifted forty-to-fifty pounds at a time, and could be required to lift as much as one hundred twenty pounds.

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Related

Ramirez v. Bolster & Jeffries Health Care Group, LLC
277 F. Supp. 3d 889 (W.D. Kentucky, 2017)
Kovaco v. Rockbestos-Surprenant Cable Corp.
834 F.3d 128 (Second Circuit, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
979 F. Supp. 2d 252, 2013 WL 5407198, 2013 U.S. Dist. LEXIS 137353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kovaco-v-rockbestos-surprenant-cable-corp-ctd-2013.