Minter v. Ford Motor Co.

827 F. Supp. 1418, 1993 U.S. Dist. LEXIS 10245, 1993 WL 283206
CourtDistrict Court, D. Minnesota
DecidedJuly 19, 1993
DocketNo. 4-91-CV-235
StatusPublished
Cited by1 cases

This text of 827 F. Supp. 1418 (Minter v. Ford Motor Co.) 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
Minter v. Ford Motor Co., 827 F. Supp. 1418, 1993 U.S. Dist. LEXIS 10245, 1993 WL 283206 (mnd 1993).

Opinion

ORDER

ROSENBAUM, District Judge.

Plaintiff, Curtis Minter, Jr. (Minter), filed this action in state court against defendant, Ford Motor Company (Ford), on March 11, 1991. Defendant removed the action to this Court on March 28, 1991. Count I of plaintiffs amended complaint alleges that Ford intentionally obstructed his receipt of workers’ compensation benefits, in violation of Minnesota Statutes, § 176.82. Count II alleges that Ford engaged in retaliatory discrimination, in violation of Minnesota Statutes, § 363.03, subdivision 7(1), and 42 U.S.C. § 2000e-3(a) (Title VII). Count II is based upon plaintiffs having filed administrative complaints with the Minnesota Department of Human Rights (MDHR).

This ease was tried to the Court on May 11, 12, 13, 17, 18, and 19, 1993.1 The Court [1420]*1420adopts, as part of its findings of fact, the parties’ statement of stipulated facts. Ex. 1. Those facts immediately pertinent to the determination of this matter are set forth below.

1. Background

Minter is an African-American male. He commenced his employment with Ford at its Dearborn, Michigan, facility in July, 1976. In May, 1985, at plaintiffs request, Ford transferred Minter to Ford’s Twin Cities Assembly Plant, located in St. Paul, Minnesota. Upon his transfer, plaintiff was assigned the “leaf spring” job. In September, 1986, Minter was reassigned to the “rear drive shaft assembly” job on the chassis line.2

In early November, 1986, plaintiff complained to his foreman of left shoulder stiffness, soreness, and pain. He continued to work in the assembly job, however, until March, 1987, when he was admitted to the emergency room at Divine Redeemer Hospital in St. Paul, Minnesota, for left shoulder pain. He was treated by Dr. William Dreh-mel and then referred to Dr. H. William Park. On April 7, 1987, Dr. Park performed surgery to repair a tear to the rotator cuff of plaintiffs left shoulder.

Plaintiff returned to work in mid-August, 1987. Upon his arrival, plaintiff presented an envelope to Darrell Lundberg, Chassis Department Superintendent. The envelope contained work restrictions prescribed by Dr. Park. These restrictions included a 35-pound weight limit and restricted pushing, pulling, and overhead work. Lundberg yelled at the plaintiff on receipt of this note, and instructed plaintiff to continue working on the assembly job.

In early November, 1987, plaintiff visited the plant’s medical department complaining of soreness in his left shoulder. The medical record at Ford notes that plaintiff explained that on November 8 and 9, 1987, he had exercised with five-to-fifty-pound weights and that he thought he “overdid” it. Ex. 109. Dr. Park’s medical records corroborate this description. In December, 1987, Dr. Park liberalized plaintiffs restrictions to include a 50-pound weight limit.

August, 1988, was hot in both the Twin Cities and the Ford plant. On August 17, 1988, plaintiff left the assembly line to go to Ford’s medical department to seek medical care for heat difficulties. He rested for an hour and was given Gatorade. During Minter’s visit to the medical department, other plant workers were obviously unhappy with the temperature inside the plant. Their discontent led to a walk-out by approximately thirty production line employees. The walkout stopped the production line. Plaintiffs supervisor, Tim Beaudry, identified Minter as one of the walk-out leaders or instigators. Beaudry put his observations into a report. Ex. 54. As a result of this report, plaintiff was suspended, effective August 17, 1988. His employment was terminated following a disciplinary hearing conducted on August 29, 1988.3

On October 16, 1988, after signing an “all rules waiver,” plaintiff was reinstated to the assembly job.4 Plaintiff remained in that job for nearly a year, until August 31, 1989. At this time, for the first time, Minter approached Ford’s medical staff and requested a transfer to another job. Dr. Rajput, Ford’s plant physician, and Edward Miller, a [1421]*1421former Qualified Rehabilitation Consultant (QRC) retained as a job placement consultant by Ford, agreed that the assembly job exceeded Minter’s work restrictions.

On the same day as this initial complaint, Dr. Rajput asked Minter to select a job that he could perform. Minter requested that he be assigned to the “cardboard pick-up” job in the Trim Department.5 Dr. Rajput placed Minter into the job on August 31, 1989. Plaintiff, however, was removed from this position after only a few hours on the job. On September 5,1989, Minter was sent home and placed on medical leave as there were no light duty jobs available within his restrictions. Ex. 62.

The following day plaintiff was assigned the “chain unhook” job, once again on the chassis line. This position, in Dr. Rajput’s opinion, was within plaintiffs work restrictions. Soon thereafter, on September 19, 1989, on Dr. Park’s recommendation and at his own behest, Minter was placed on 100% medical disability leave. On October 23, 1989, Dr. Rajput registered a 12% permanent partial disability for plaintiffs left shoulder injury with the Workers’ Compensation Division of the Minnesota Department of Labor and Industry.

During the evening of October 23, 1989, while plaintiff was on the 100% disability leave, David Jacobsen, a Labor Relations Representative, telephoned plaintiff two or three times. The plaintiff did not receive the calls himself — each call was taken by plaintiffs wife. Jacobsen left a message telling plaintiff to report to work the- following day, as he had found a job which was within the plaintiffs work restrictions. Later that night, at about 11:00 p.m., the plaintiff, himself, called Jacobsen and “cussed him out.”

The following day, John Fox, of Ford’s Employee Relations Division, telephoned the plaintiff. Fox recognized that plaintiff was on 100% disability leave and apologized for Jacobsen’s calls. Fox told Minter that he should not have been called in for work. Jacobsen testified that he was unaware, when he made the calls, of plaintiffs 100% disability status.

In November, -1989, a second surgery was performed on plaintiffs left shoulder. He returned to work on or about July 19, 1990, and was placed in the “wax applicator” job in the “final prep” area.6 That job had been examined and approved by Paul Gassier, a QRC. Plaintiff agrees that this job was within his work restrictions.

When plaintiff was first assigned to the wax application position, the job was jointly performed by two employees. ' One worker stood on a raised platform at each side of a vehicle, and each worker sprayed wax with a hand-held wand. In late September, 1990, this job was changed, requiring a single worker, wielding a longer wand, to apply the wax. Plaintiff contends that the job in its altered form exceeded his prescribed restrictions.

The wax application job was regularly phased out in October, 1990.7 Ford then placed plaintiff in the “radiator secure” job, again on the chassis line. Dr. Rajput and Miller expressed the opinion that this job was within plaintiffs medical restrictions. According to Dr.

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Related

Breitenfeldt v. Long Prairie Packing Co., Inc.
48 F. Supp. 2d 1170 (D. Minnesota, 1999)

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Bluebook (online)
827 F. Supp. 1418, 1993 U.S. Dist. LEXIS 10245, 1993 WL 283206, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minter-v-ford-motor-co-mnd-1993.