Proyer v. Monsanto Co.

606 So. 2d 1307, 1992 La. App. LEXIS 2928, 1992 WL 289399
CourtLouisiana Court of Appeal
DecidedSeptember 28, 1992
Docket92-CA-233
StatusPublished
Cited by1 cases

This text of 606 So. 2d 1307 (Proyer v. Monsanto Co.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Proyer v. Monsanto Co., 606 So. 2d 1307, 1992 La. App. LEXIS 2928, 1992 WL 289399 (La. Ct. App. 1992).

Opinion

606 So.2d 1307 (1992)

Roosevelt PROYER, Jr.
v.
MONSANTO COMPANY.

No. 92-CA-233.

Court of Appeal of Louisiana, Fifth Circuit.

September 28, 1992.

Eric J. Halverson, Jr., Metairie, for plaintiff/appellee, Roosevelt Proyer, Jr.

Clare Jupiter, Bryan, Jupiter, Lewis & Blanson, New Orleans, for defendant/appellant, Monsanto Co.

Before KLIEBERT, BOWES and GAUDIN, JJ.

BOWES, Judge.

Monsanto Company, defendant/appellant, appeals from a judgment of the district court in favor of plaintiff, Roosevelt Proyer, Jr., finding him permanently and totally disabled and therefore entitled to worker's compensation benefits. We affirm.

PROCEDURAL HISTORY

Roosevelt Proyer, Jr. (hereinafter "Proyer"), filed suit in the Twenty-Fourth Judicial District Court for Worker's Compensation benefits, penalties and attorney fees for failure to pay the applicable statutory benefits. Following trial on the merits, the district court found that Proyer was totally and permanently disabled and thus entitled to the payment of compensation benefits in the amount of $267.00 per week, from the date of his termination, to be offset by plaintiff's social security benefits as stipulated by the parties. Monsanto was further ordered to pay all medical expenses of Proyer "reasonably and necessarily" related to his injury. The court denied penalties and attorney fees. Monsanto appeals the finding of liability for compensation benefits. Proyer has not appealed.

FACTS

Proyer was an employee of Monsanto for thirteen years preceding his termination. *1308 His position at that time was as a senior production technician. This job required that he operate a control board through which the process of mixing and manufacturing chemicals was handled. Inherent to this process are certain dangers, such as "fusion," a form of spontaneous combustion, which has serious potential consequences to the employees, the plant, and the neighboring community. It is apparent from the evidence that fusions can occur for several reasons which do not involve employee or operator fault.

Proyer testified that his job was stressful, particularly in the last months of his employment. The primary reason for this seems to be that during the last year prior to Proyer's termination, Monsanto changed its equipment from a manual operating board to a computerized operating board. Proyer's immediate supervisor was Russell Markey, who in turn reported to George McGowan, the general manufacturing supervisor. George McGowan testified that a new piece of equipment called a compactor was part of the problem causing an increase in the number of fusions, along with the frequency of rotating jobs and expanding the work force at the operator level.

Proyer was under increased pressure associated with learning to operate the new equipment, and several fusions occurred on his shift over a period of a few months. Plaintiff had previously been reprimanded from time to time over the period of his employment for safety violations—on one occasion in 1984, he disconnected a chlorine hose without wearing a respirator, and later that year he was cited for hooking up a car containing sulfuric acid without protective equipment. In May of 1988, McGowan had a discussion with plaintiff about the frequency of the fusions which occurred on his shift, following up the conference with a memo in which McGowan stated "Roosevelt has become `King of Fusions'... I indicated to Roosevelt that safety and NO FUSIONS are his top priority. He understands that it is fine to make lower rates and divert to rework to AVOID fusions." On the other hand, contradicting this, the company (through Russell Markey) put up nightly report sheets which stated "Don't make rework" or "minimize making rework." ("Rework" is apparently a term which covers having to do the chemical process over again.)

In June of 1988, Proyer was sent a letter from Russell Hoch, the general manufacturing superintendent, informing him that his job was "on the line." The letter reviewed Proyer's recent history, including counseling sessions between Proyer and McGowan relative to the fusions and the resultant warnings and general instructions given by McGowan. The letter restated that Proyer was known as "King of Fusions" and that he had lost credibility with his co-workers. Proyer was given two days off, with pay, to think about his past performance and to formulate an improvement plan in writing. Plaintiff was given the chance to resign at that point or to "accept this assignment and perform as a model technician. Failure to satisfactorily complete this assignment or any future performance problem will mean your termination." Proyer stated that he wrote the required improvement plan and continued to work although he felt under constant threat of losing his job. He testified that he was doing everything he could to stop the fusions, but felt under pressure to improve his record. As his problems at work continued, he began to drink wine at home after work, to help induce sleep as he was having problems trying to sleep well. He was never intoxicated at work and in fact his superiors were surprised to learn (immediately before firing him) that he had never drank alcohol. Proyer and his wife both testified that he did not get drunk (although he was later diagnosed as having a history of alcohol abuse).

On February 16, 1989, a fusion occurred at Monsanto. Plaintiff had operated the board the evening before the fusion took place, but was at home when the incident occurred. Proyer testified that he had warned the relief technician to watch closely, *1309 that he (Proyer) had been fighting a fusion all night and it appeared to him that one might take place. Proyer had shut down the equipment on his shift to permit the system to cool off. While at home, he received a telephone call from a co-worker telling him that "they" (Monsanto) were trying to blame plaintiff for the fusion.

It is relevant to note at this juncture that George McGowan testified that he had, in the past, telephoned Proyer at home presumably for business purposes, and McGowan agreed that Proyer may have been called by someone from Monsanto relative to an investigation of the fusion. Therefore, this telephone call falls into the category of the course and scope of Proyer's employment.

Proyer testified that it was at this time when he began to formulate plans to kill his employers, McGowan, and other supervisors. "Well, it was more like suicide-homicide. I was going to kill these guys and then wait until the police come and let the police take my life."

Plaintiff continued to go to work and "visualize" his plan. He asked a co-worker about obtaining a gun. On February 21, another fusion occurred. Proyer was not at the control board, but was the "outside man" monitoring the equipment. According to the written report required by Monsanto, plaintiff reached in a chemical mixer and grabbed the hot product in an effort to contain the fusion "... and also jog the mixer because it had tripped." Plaintiff then placed a hose in the mixer. He was wearing gloves throughout the procedure, but was called to task and criticized by McGowan for not locking the equipment before putting his hand into the mixer, which is a violation of Monsanto's safety regulations. Pursuant to the problem, he was sent home on March 1, with pay, until his supervisors reached a decision relative to his future employment. Upon being sent home, Proyer had a severe breakdown, or "psychotic episode," becoming delusional, suicidal and homicidal believing that his supervisors were unfairly trying to fire him.

On March 3, Mrs.

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Bluebook (online)
606 So. 2d 1307, 1992 La. App. LEXIS 2928, 1992 WL 289399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/proyer-v-monsanto-co-lactapp-1992.