Noel v. Terrace of St. Cloud, LLC

212 F. Supp. 3d 1193, 2016 U.S. Dist. LEXIS 46012, 2016 WL 1321504
CourtDistrict Court, M.D. Florida
DecidedApril 5, 2016
DocketCase No: 6:14-cv-597-Orl-40DAB
StatusPublished
Cited by2 cases

This text of 212 F. Supp. 3d 1193 (Noel v. Terrace of St. Cloud, LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Noel v. Terrace of St. Cloud, LLC, 212 F. Supp. 3d 1193, 2016 U.S. Dist. LEXIS 46012, 2016 WL 1321504 (M.D. Fla. 2016).

Opinion

ORDER

PAUL G. BYRON, UNITED STATES DISTRICT JUDGE

This cause comes before the Court on Defendant’s Renewed Motion for Judgment as a Matter of Law and Alternative Motion for New Trial (Doc. ISO), filed December 1, 2015. On December 23, 2015, Plaintiff responded in opposition. (Doc. 134). Upon consideration, Defendant’s motions are denied.

I. BACKGROUND

Plaintiff, Marie Claire Noel, instituted this lawsuit against Defendant, Terrace of St. Cloud, LLC (“Terrace”), to vindicate her rights under the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601-2654, the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213, the Civil Rights Act of 1866, 42 U.S.C. § 1981', and the Florida Civil Rights Act, Fla. Stat. §§ 760.01-.il. In February 2010, Plaintiff began working as a full-time Certified Nursing Assistant at a nursing-home operated by Southern Oaks Healthcare (“Southern Oaks”).1 (Doe. 67, ¶ 9(f)). In the summer of 2013, Plaintiff contracted cerebral meningitis, which caused her to take medical leave under the FMLA in order to receive treatment and undergo surgery. (Id. ¶¶ 9(g-j)). Plaintiff returned to work permanently on November 4, 2013. (Id. ¶ 9(m)). On December 1, 2013, Terrace took over operation of the nursing home from Southern Oaks. (Id. ¶ 9(q)). That same day, Plaintiff received a call from Terrace informing her that she would not be employed by Terrace. (Id. ¶ 9(u)).

The gravamen of Plaintiffs claims is that she believes she was illegally separated from employment because of her exercise of medical leave under the FMLA, because she was disabled, perceived as disabled, or required a reasonable accommodation under the ADA, or because she was discriminated against due to her race, color, or national origin. (Id. ¶ 2). Terrace denies that it illegally separated Plaintiff from employment and states that the only reason it did not retain Plaintiff in the transition from Southern Oaks is because Plaintiff did not complete Terrace’s application process. (Id. ¶ 3(b)).

This matter proceeded to a jury trial beginning on October 8, 2015. On October 14, 2015, the jury returned a verdict in favor of Plaintiff, finding that Terrace violated Plaintiffs ADA rights by denying her a reasonable accommodation. (Doc. 116). The jury further determined that Plaintiff was entitled to recover $1,347.29 in lost wages, $27,512.95 for mental anguish and suffering, and $65,000.00 in punitive damages. (Id.). The Court thereafter entered judgment in favor of Plaintiff in the amount of $93,860.24 according to the jury’s verdict. (Doc. 125). Terrace now renews its motion for judgment as a matter of law pursuant to Federal Rule of Civil Procedure 50(b). In the alternative, Terrace moves for a new trial.

II. DISCUSSION

A. Renewed Motion for Judgment as a Matter of Law

Judgment as a matter of law should only be granted if no objectively reasonable jury, based on the evidence and [1198]*1198inferences adduced at trial and through the exercise of impartial judgment, could reach the verdict reached. Brown v. Ala. Dep’t of Transp., 597 F.3d 1160, 1173 (11th Cir. 2010); Combs v. Plantation Patterns, 106 F.3d 1519, 1526 (11th Cir. 1997). Stated differently, the party moving for judgment as a matter of law must show that the trial evidence “is so overwhelmingly [in its favor] that a reasonable jury could not arrive at a contrary verdict.” Middlebrooks v. Hillcrest Foods, Inc., 256 F.3d 1241, 1246 (11th Cir. 2001). However, where there is substantial evidence in the trial record which would allow reasonable minds to reach different conclusions, judgment as a matter of law is inappropriate. Mee Indus. v. Dow Chem. Co., 608 F.3d 1202, 1211 (11th Cir. 2010). In considering a motion for judgment as a matter of law, the district court must review the record and draw all reasonable inferences derived therefrom in the light most favorable to the non-moving party. Brown, 597 F.3d at 1173. Importantly, the district court must not make credibility determinations or weigh evidence, as these are functions reserved for the jury. Id.

Terrace moves for judgment as a matter of law for a number of reasons. First, Terrace claims that the trial evidence is insufficient to support the jury’s verdict that Terrace violated Plaintiffs rights under the ADA. (Doc. 130, pp. 6-9). Second, Terrace contends that the trial evidence is insufficient to support the'jury’s award of punitive damages. (Id. at pp. 6-7). Third, Terrace asserts that Plaintiff never pleaded the theory of liability through which she prevailed—that Terrace is liable for Southern Oaks’ misconduct as its successor-in-interest—and that it first learned of Plaintiffs theory at trial. (Id. at pp. 9-16). Lastly, Terrace submits that, even if Plaintiff had properly alleged the theory of successor liability, the evidence adduced at trial is insufficient to support the jury’s finding that Terrace can be held liable under that theory. (Id. at pp. 11-16).

The Court will not reach some of Terrace’s arguments, however, as Terrace failed to raise them prior to the matter being submitted to the jury. Rule 50 is clear in its procedure. Before a case is submitted to the jury for consideration, a party may move for judgment as a matter of law on any issue which is not supported by legally sufficient evidence. Fed. R. Civ. P. 50(a). If the court denies relief at that time, the party may renew the motion after the jury has returned its verdict. Fed. R. Civ. P. 50(b). It is well-established that “any renewal of a motion for judgment as a matter of law under Rule 50(b) must be based upon the same grounds as the original request for judgment as a matter of law made under Rule 50(a)” and that “a party cannot assert grounds in the renewed motion that it did not raise in the earlier motion.” SEC v. Big Apple Consulting USA, Inc., 783 F.3d 786, 813 (11th Cir. 2015). Although “[sjtrict identity of issues .. .is not required” of the two motions, the grounds identified in a Rule 50(b) motion must be “closely related” to the grounds raised in the prior Rule 50(a) motion such that opposing counsel and the court are notified of the evidentiary shortcomings asserted. Howard v. Walgreen Co., 605 F.3d 1239, 1243 (11th Cir. 2010).

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212 F. Supp. 3d 1193, 2016 U.S. Dist. LEXIS 46012, 2016 WL 1321504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/noel-v-terrace-of-st-cloud-llc-flmd-2016.