Nichols v. Ashland Hospital Corp.

251 F.3d 496, 6 Wage & Hour Cas.2d (BNA) 1801, 2001 U.S. App. LEXIS 10858, 80 Empl. Prac. Dec. (CCH) 40,527, 2001 WL 565243
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 25, 2001
DocketNos. 00-1827, 00-1832
StatusPublished
Cited by1 cases

This text of 251 F.3d 496 (Nichols v. Ashland Hospital Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nichols v. Ashland Hospital Corp., 251 F.3d 496, 6 Wage & Hour Cas.2d (BNA) 1801, 2001 U.S. App. LEXIS 10858, 80 Empl. Prac. Dec. (CCH) 40,527, 2001 WL 565243 (4th Cir. 2001).

Opinion

OPINION

LUTTIG, Circuit Judge:

Appellee Delores Nichols (“Nichols”) brought this action against her former employer, appellant Ashland Hospital Corporation (“Ashland”), alleging violations of the Family and ' Medical Leave Act (“FMLA”), 29 U.S.C. § 2611 et seq., and the Kentucky Civil Rights Act, Ky. Rev. Stat. Ann. § 344 et seq. Ashland appeals the district court’s denial of its motion for a new trial on the FMLA claim, for which the jury awarded damages and back pay to Nichols. Nichols cross-appeals the district court’s denial of her post-trial motion for front pay. For the reasons set forth below, we affirm.

I.

Delores Nichols was employed by the King’s Daughters’ Medical Center (the “Medical Center”), which is owned by Ash-land Hospital Corporation, from June 1991 to January 1997. Nichols was hired as the Medical Center’s Director of Surgical Services and was subsequently promoted to Vice President of Nursing, a senior management position that she held until she was terminated on January 16, 1997. Following her termination, Nichols brought this action alleging that Ashland violated the FMLA and Kentucky state law by firing her in retaliation for her request for medical leave to recover from brain surgery.

The evidence at trial focused primarily on the conflicting testimony of Nichols and Fred Jackson, Ashland’s Chief Executive Officer, concerning the events leading to Nichols’ termination. Jackson testified that he fired Nichols for poor job performance and insubordination. He stated at trial that he informed Nichols at her performance review in November 1996 that he was dissatisfied with her work that year. J.A. 462-72. Jackson also testified that following a staff meeting on January 14, 1997, Nichols instigated a confrontation with him during which she was “hostile, angry, and upset” and during which she accused him of being [500]*500dishonest and of not acting in the best interests of the Medical Center. J.A. 501-02. Jackson then decided to fire Nichols. At the suggestion of the Medical Center’s legal counsel, he prepared a memorandum documenting Nichols’ supposed performance deficiencies. J:A. 502, 637-41. Two days later, Jackson terminated Nichols’ employment with Ashland.

Nichols’ account of the months leading up to her termination directly contradicted Jackson’s testimony. Nichols testified that Jackson did not raise any criticisms at her performance evaluation in November 1996, and that, in fact, he complimented both her work ethic and her contribution to the Medical Center’s success. J.A. 49, 524-26. Nichols also testified, and Ashland did not dispute, that Jackson gave her a $9,000 bonus and a five-percent salary increase at the end of 1996. Further, Nichols denied any insubordinate behavior toward Jackson following the staff meeting on January 14. According to her, when she entered Jackson’s office he was “furious” and “irate,” having just completed a telephone conversation. Nichols testified that she then asked Jackson about scheduling her sick leave to recover from brain surgery, which he angrily refused to discuss. J.A. 68-71. Two days later, Jackson terminated Nichols’ employment.

After her termination, Nichols sought psychiatric treatment from Dr. Jack Dodd, who testified on Nichols’ behalf at trial. Dodd diagnosed Nichols with “major depressive disorder, and panic disorder, with agoraphobia,” and he attributed her mental state to the loss of her employment. J.A. 313, 318. He testified that he had recommended Nichols not return to work as of the time of trial because she was not “able to function well enough” to do so. J.A. 317.

Following three days of testimony by Jackson, Nichols, Dodd, and several other witnesses, counsel made closing arguments. When Ashland’s counsel argued that Nichols timed her surgery to coincide with her termination to create the appearance of a retaliatory discharge, Nichols rose from her chair and exclaimed, “I’m going to have brain surgery for a job?” The district court immediately admonished Nichols for her behavior, told her to leave the courtroom, and specifically instructed the jury to disregard the outburst. Counsel for both parties then completed their closing arguments, and the case was submitted to the jury.

The jury found for Ashland on the state-law claim and for Nichols on her FMLA claim, awarding her full back pay and the value of lost benefits. Ashland appeals the district court’s denial of its motion for a new trial' pursuant to Fed. R. Civ. P. 59. Nichols challenges the district court’s denial of her post-trial motion for equitable relief in the form of front pay.

II.

The decision to grant or deny a new trial under Fed. R. Civ. P. 59 rests “with the sound discretion of the district court, and we review this decision for a clear abuse of discretion.” Bristol Steel & Iron Works, Inc. v. Bethlehem Steel Corp., 41 F.3d 182, 186 (4th Cir.1994). Indeed, the district court’s decision “is not reviewable upon appeal, save in the most exceptional circumstances.” Id. (internal citations omitted). Ashland argues that the district court abused its discretion in denying the motion for a new trial because Nichols’ outburst during closing arguments irreparably prejudiced the jury’s deliberations and because the jury’s finding of liability and damages on the FMLA claim is unsupported by the evidence presented at trial. We disagree.

A.

The district court described Nichols’ outburst as follows:

[501]*501[Nichols] stood up from her seat at counsels’ table and, in an emotionally charged outburst, addressed the Court. She said something to the effect of, “your honor, please ... I’m going to have brain surgery for a job?” The courtroom fell silent and the Court promptly instructed [Nichols] to exit, the courtroom. [Nichols] was visibly crying during her statement to the Court. As [Nichols] was leaving, the Court gave the jury the following instruction: “Ladies and gentlemen, let me instruct you to ignore the outburst by the plaintiff. It was inappropriate.”

J.A. 1310. The district court denied Ash-land’s Rule 59 motion because it held that Nichols’ “comment was not so prejudicial to [Ashland] as to warrant a new trial,” particularly in light of the court’s immediate curative instruction.

Despite the impropriety of Nichols’ conduct, we conclude that the district court did not abuse its broad discretion in denying Ashland’s motion for a new trial. First, the district court made an explicit finding that the “emotionally charged” nature of Nichols’ conduct had an effect on the jury that was “minimal at worst.” J.A. 1311. We defer to the district court’s finding because it was “in a position to see and hear” Nichols’ demeanor and the jurors’ reactions to it “from a perspective that an appellate court can never match” by reading a cold transcript of the proceedings. Bristol Steel, 41 F.3d at 186.

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251 F.3d 496, 6 Wage & Hour Cas.2d (BNA) 1801, 2001 U.S. App. LEXIS 10858, 80 Empl. Prac. Dec. (CCH) 40,527, 2001 WL 565243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nichols-v-ashland-hospital-corp-ca4-2001.