Rodgers v. Fisher Body Division, General Motors Corp.

575 F. Supp. 12, 33 Fair Empl. Prac. Cas. (BNA) 490, 1982 U.S. Dist. LEXIS 10292
CourtDistrict Court, W.D. Michigan
DecidedNovember 24, 1982
DocketNo. G79-514 CA
StatusPublished
Cited by1 cases

This text of 575 F. Supp. 12 (Rodgers v. Fisher Body Division, General Motors Corp.) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodgers v. Fisher Body Division, General Motors Corp., 575 F. Supp. 12, 33 Fair Empl. Prac. Cas. (BNA) 490, 1982 U.S. Dist. LEXIS 10292 (W.D. Mich. 1982).

Opinion

OPINION

BENJAMIN F. GIBSON, District Judge.

This is an employment discrimination action pursuant to 42 U.S.C. § 1981. Plaintiff alleged that he was a victim of intentional racial discrimination because he was separated from his employment as a temporary plant security guard while another was offered a permanent guard position. After four days of trial a jury awarded plaintiff $300,000 as compensatory damages and $500,000 as punitive damages. Presently before the Court are defendant’s motion for judgment notwithstanding the verdict (judgment n.o.v.) and motion for new trial or in the alternative, for remittitur.

Defendant contends that the award of punitive damages is unsupported by the evidence and excessive, and that the verdict is against the weight of the evidence. It also argues that the Court erred in its instruction on punitive damages, that the jury was improperly allowed to interpret the collective bargaining agreement, and that the verdict was in part caused by improper and prejudicial closing argument.

The preferred formulation of the standard for deciding a motion for judgment n.o.v. is that it should be granted only when reasonable minds could not differ that the conclusions to be drawn from the evidence should be in favor of the moving party. On the other hand, a judgment n.o.v.- should be denied where there is sufficient evidence to raise a question of fact for the jury. Morelock v. NCR Corp., 586 F.2d 1096 (6th Cir.1978) cert. denied, 441 U.S. 906, 99 S.Ct. 1995, 60 L.Ed.2d 375 (1979). The Morelock court stated further:

In determining whether the evidence is sufficient, the trial court may neither weigh the evidence, pass on the credibility of witnesses nor substitute its judgment for that of the jury. Rather, the evidence must be viewed in the light most favorable to the party against whom the motion is made, drawing from that evidence all reasonable inferences in his favor.

586 F.2d at 1104. Accord, Hildebrand v. Board of Trustees of Michigan State University, 662 F.2d 439 (6th Cir.1981), cert. [14]*14denied, 456 U.S. 910, 102 S.Ct. 1760, 72 L.Ed.2d 168 (1982).

In contrast to testing the legal sufficiency of the evidence in a motion for judgment n.o.v., a motion for new trial “is confined almost entirely to the exercise of discretion on the part of the trial court.” Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 36, 101 S.Ct. 188, 191, 66 L.Ed.2d 193 (1980). A new trial may be granted where the verdict rendered is contrary to the clear weight of the evidence, or excessive, or to prevent a miscarriage of justice. Peacock v. Board of Regents, 597 F.2d 163 (9th Cir.1979). A new trial would also be warranted when a verdict is reached on account of bias, passion, prejudice, corruption or other improper motive. King v. Ford Motor Co., 597 F.2d 436 (5th Cir.1979). However, a trial court does not properly grant a new trial merely because it might have come to a result different from that reached by the jury. Rios v. Empresas Lineas Marítimas Argentinas, 575 F.2d 986 (1st Cir.1978).

In the exercise of its discretion the trial court may condition an order for a new trial upon the failure of the plaintiff to remit a portion of the award which the court deems excessive. See Burnett v. Coleman Co., 507 F.2d 726 (6th Cir.1974). Such remittitur requires the trial judge to exercise a mature, judicial discretion in viewing the verdict in the light of the whole setting of the trial, the character of the evidence, and the complexity or simplicity of the legal and factual issues; and his discretion should be exercised to nullify a seriously erroneous result and to prevent a miscarriage of justice. 6A Moore’s Federal Practice ¶ 59.05[3] (2d ed. 1982). An abuse of discretion in granting remittitur will be found only where the quantum of damages found by the jury was clearly within the maximum limit of a reasonable range. Smith v. John Swafford Furniture Co., Inc., 614 F.2d 552 (6th Cir.1980).

Thus, the motions before the Court require careful scrutiny of the entire record. The evidence at trial established that plaintiff was a well-qualified candidate for a position as plant security guard. He had some military experience and two years of specialized training in scientific crime detection as well as three years’ experience as a security guard in a shopping center. Although it was unusual for plant patrolmen to have any education beyond high school, plaintiff had completed a master’s degree. The chief of security recorded among his interview conclusions that plaintiff “seems very capable” and “would probably make a very good employ.”

Plaintiff was one of several temporary guards to be hired as vacation replacements. He was told from the start that he would be in the running for a permanent position which was expected to open up during his period of temporary employment. Plaintiff was very interested in a permanent position and was quite conscious of performing his job well — he avoided absenteeism and tardiness, and never refused a request for overtime work, working in 5V2 months a total of 272 hours over and above the regular 48-hour work week.

On June 21, 1977, several days after plaintiff was hired, Jeffrey Bodary, a white man who eventually received the permanent position, was also hired as a temporary guard. He too was considered well-qualified, with some college training in law enforcement, and was hoping for a permanent position as well.

Mr. Bodary received two full weeks of training, while plaintiff was trained for only three or four days. There was testimony which suggested that Mr. Bodary received some coaching from his superiors about how to make himself look good as a candidate for the permanent position, whereas plaintiff did not receive such coaching.

A notation appears on Mr. Bodary’s personnel record as follows: “Starting 9-5-77 will replace 0. Kent who retired.” September 5 was less than halfway through the six-month probationary period which plaintiff was told would be the basis of the decision about the permanent position. At trial, no one from General Motors was able to identify the source of this notation or [15]*15explain it with anything more than conjecture.

In October and November, plaintiff was “written up” on an Officer’s Special Report on several occasions. Plaintiff had credible explanations for each and every one of these incidents. One report involved late relief at a post by plaintiff as part of a relay system.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
575 F. Supp. 12, 33 Fair Empl. Prac. Cas. (BNA) 490, 1982 U.S. Dist. LEXIS 10292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodgers-v-fisher-body-division-general-motors-corp-miwd-1982.