Moyer v. Allen Freight Lines, Inc.

885 P.2d 391, 20 Kan. App. 2d 203, 10 I.E.R. Cas. (BNA) 1371, 1994 Kan. App. LEXIS 131
CourtCourt of Appeals of Kansas
DecidedDecember 2, 1994
Docket70,459
StatusPublished
Cited by18 cases

This text of 885 P.2d 391 (Moyer v. Allen Freight Lines, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moyer v. Allen Freight Lines, Inc., 885 P.2d 391, 20 Kan. App. 2d 203, 10 I.E.R. Cas. (BNA) 1371, 1994 Kan. App. LEXIS 131 (kanctapp 1994).

Opinions

Green, J.:

This appeal arises from wrongful discharge actions brought by plaintiffs Sherri Kay Moyer (Kay) and Jon R. Moyer (Jon), husband and wife, against Allen Freight Lines, Inc. (Allen Freight). Allen Freight appeals, contending the trial court erred by denying its motion for directed verdict on plaintiffs’ retaliatory discharge claims and Kay’s claim for punitive damages.

In early February 1992, both plaintiffs were terminated by Allen Freight Lines. At that time, Kay and Jon were city drivers on [204]*204the Riverside route, which involved transporting car seats from the Riverside seat plant to the General Motors plant in the Fairfax District of Kansas City, Missouri.

Kay went to work for Allen Freight in August 1989, as a truck driver. When she was terminated on February 6, 1992, she was the most senior driver on the Riverside route. At various times during her employment, Kay observed certain equipment failures that occurred to her truck and she reported those failures to Allen Freight’s management. She also complained to Allen Freight’s management about excessive overtime hours worked by the drivers. Jon was hired in June 1991 as a city driver and was eventually assigned to the Riverside route in late June 1991.

When General Motors would temporarily shut down its manufacturing plant, Allen Freight would lay off drivers on the Riverside route. During that period, Allen Freight would call in the laid-off drivers if any temporary driving work became available. On February 3, 1992, during, a temporary layoff, Jon was called into work and was asked to clean the battery cables of a truck. Believing he lacked the necessary clothing and tools to do the job, he refused to perform the work. As a result of his refusal, Jon was terminated.

In early January 1992, Allen Freight learned General Motors intended to reduce its work force to one shift at the Fairfax plant in March. In response, Allen Freight planned to reduce its Riverside route shifts from two to one, and on February 6, 1992, Kay was terminated.

Plaintiffs then brought their retaliatory discharge actions. Kay alleged that she had been wrongfully terminated in retaliation for: (1) filing a workers compensation claim; (2) being absent from work due to illness; (3) making complaints to management about Allen Freight’s infractions which affected public- health, safety, and welfare; and (4) filing a claim for unemployment benefits. Jon alleged he had been wrongfully terminated in retaliation for: (1) his filing a claim for unemployment benefits; and (2) his wife’s persistent complaints to management.

After presentation of plaintiffs’ evidence, Allen Freight moved for directed verdict on all claims. The trial court denied this mo[205]*205tion except for Kay s claim of being absent from work due to illness. The trial court granted plaintiffs’ motion to allow the jury to determine if plaintiffs were entitled to punitive damages.

The jury awarded Kay $15,500 and Jon $12,000 in actual damages, and following a separate hearing, the court awarded Kay $40,000 in punitive damages. Allen Freight timely appealed.

Allen Freight argues the trial court erred in failing to grant its motion for directed verdict on Kay’s claim of retaliatory discharge. Allen Freight contends Kay’s alleged complaints do not pertain to the public health, safety, and general welfare concerns protected by the tort of retaliatory discharge for “whistle-blowing.”

Our standard of review is as follows:

“ ‘In ruling on a motion for directed verdict pursuant to K.S.A. [1993 Supp.] 60-250, the court is required to resolve all facts and inferences reasonably to be drawn from the evidence in favor of the party against whom the ruling is sought and where reasonable minds could reach different conclusions based on the evidence the motion must be denied and the matter submitted to the jury. This rule must also be applied when appellate review is sought on a motion for directed verdict.’ ’’ Simon v. National Farmers Organization, Inc., 250 Kan. 676, 683, 829 P.2d 884 (1992).

Kansas courts have recognized several public policy exceptions to the employment-at-will doctrine, which allows either employer or employee to terminate the employment relationship for any or for no reason, at any time. One of those exceptions recognized by our Kansas Supreme Court is called the whistle-blower’s exception. In Palmer v. Brown, 242 Kan. 893, 900, 752 P. 2d 685 (1988), the court declared:

“Public policy requires that citizens in a democracy be protected from reprisals for performing their civil duty of reporting infractions of rules, regulations, or the law pertaining to public health, safety, and the general welfare. Thus, we have no hesitation in holding termination of an employee in retaliation for the good faith reporting of a serious infraction of such rules, regulations, or the law by a co-worker or an employer to either company management or law enforcement officials (whistle-blowing) is an actionable tort. To maintain such action, an employee has the burden of proving by clear and convincing evidence, under the facts of the case, a reasonably prudent person would have concluded the employee’s co-worker or employer was engaged in activities in violation of rules, regulations, or the law pertaining to public health, safety, and the general welfare; the employer had knowledge of the employee’s reporting of such violation [206]*206prior to discharge of the employee; and the employee was discharged in retaliation for making the report. However, the whistle-blowing must have been done out of a good faith concern over the wrongful activity reported rather than from a corrupt motive such as malice, spite, jealousy or personal gain.” (Emphasis added.)

At trial, Kay testified she had made complaints to the management of Allen Freight of the following: (1) that drivers were repeatedly required to work excessive overtime, sometimes up to 84 hours per week; (2) that her truck’s brake Hues froze; (3) that on numerous occasions the tires on her truck were flat; (4) that she was told to continue to drive her truck after the power steering pump failed; and (5) that someone pulled a safety pin used to secure the trailer to her truck. Kay also testified she had complained to a federal Department of Transportation (DOT) inspector of broken equipment which could cause her truck brakes to lock up or freeze. According to her testimony, those reported equipment failures represented a serious threat to public safety because of the dangers of driving unsafe trucks on the highway. She further claimed the reported equipment failures were in violation of DOT safety regulations.

Allen Freight first argues Kay’s reporting of equipment failures cannot be considered whistle-blowing because its company policy requires employees to report equipment failures. Nevertheless, this argument ignores the public policy considerations for the whistle-blowing exception.

The public policy of protecting employees from retaliatory discharge is to ensure that infractions of rules, regulations, or laws pertaining to public health and safety are properly reported. 242 Kan. at 900. Accordingly, whether an employee is encouraged or is required to make such reports does not absolve an employer from liability for firing an employee for making such reports.

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Moyer v. Allen Freight Lines, Inc.
885 P.2d 391 (Court of Appeals of Kansas, 1994)

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Bluebook (online)
885 P.2d 391, 20 Kan. App. 2d 203, 10 I.E.R. Cas. (BNA) 1371, 1994 Kan. App. LEXIS 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moyer-v-allen-freight-lines-inc-kanctapp-1994.