Rodgers v. Lorenz

25 A.3d 1229, 2011 Pa. Super. 154, 2011 Pa. Super. LEXIS 1751, 2011 WL 2990989
CourtSuperior Court of Pennsylvania
DecidedJuly 25, 2011
Docket202 WDA 2010
StatusPublished
Cited by6 cases

This text of 25 A.3d 1229 (Rodgers v. Lorenz) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodgers v. Lorenz, 25 A.3d 1229, 2011 Pa. Super. 154, 2011 Pa. Super. LEXIS 1751, 2011 WL 2990989 (Pa. Ct. App. 2011).

Opinions

OPINION BY

FREEDBERG, J.:

Appellant Russell T. Rodgers appeals from the order entered on February 1, 2010, which sustained preliminary objections filed on behalf of Appellee Carload Express and dismissed certain of Appellant’s claims without prejudice to his right to pursue them before the Workers’ Compensation Board. We reverse.

For purposes of this appeal, we adopt the following statement of facts, adduced from Appellant’s complaint: Appellant and Dennis Lorenz were employed by Carload Express as train conductors. In March 2005, Lorenz threatened to “choke [Appel[1230]*1230lant] to death and thump [his] skull” and proceeded to choke Appellant. Appellant reported the incident to Richard Rupp, Vice President of Operations. Thereafter, Appellant was scheduled to work at a different jobsite.

In the fall of 2005, Appellant and Lorenz again worked at the same jobsite. Appellant worked the night shift, while Lorenz worked the day shift. Appellant and Lorenz interacted at shift changes, during which Lorenz harassed Appellant.

In the evening of December 15, 2005, Lorenz threatened to “kick the shit out of [Appellant] and kill [him].” As Appellant backed out of the room, Lorenz spit in Appellant’s face and said to Appellant, “I know where you live[,] and I won’t hesitate to come there and kill you.”

On December 16, 2005, Appellant told Rupp that he was calling the police. According to Appellant, it was understood that Appellant would attend a criminal hearing. Rupp asked Appellant not to call the police. Later in the evening on December 16, 2005, Appellant told “everyone” he was calling the police. Appellant called the police on December 18, 2005 at 1:40 in the afternoon. Appellant was fired later that day. See Appellant’s Complaint, 5/31/06, at 1-5.

Appellant filed a complaint, alleging that Carload Express wrongfully terminated Appellant for planning to attend criminal proceedings against Lorenz. Appellant brought his claim pursuant to 18 Pa.C.S.A. § 4957(a) (“Crime Victims’ Employment Protection Act” or the “Act”), which provides:

An employer shall not deprive an employee of his employment, seniority position or benefits, or threaten or otherwise coerce him with respect thereto, because the employee attends court by reason of being a victim of, or a witness to, a crime or a member of such victim’s family. Nothing in this section shall be construed to require the employer to compensate the employee for employment time lost because of such court attendance.

The statute provides a civil remedy, permitting the recovery of lost wages. 18 Pa.C.S.A. § 4957(c). In addition, Appellant claimed breach of contract, negligent supervision and a violation of the Pennsylvania Whistleblower Law, 43 P.S. § 1423.1

Carload Express responded with preliminary objections in the nature of a demurrer to each claim against it. On February 1, 2007, the trial court sustained the preliminary objections. The court dismissed with prejudice Appellant’s claim asserting a violation of the Whistleblower Law. The court dismissed the remaining claims against Carload Express without prejudice to Appellant’s right to pursue them before the Workers’ Compensation Board.

Appellant timely appealed and complied with Pa. R.A.P. 1925(b). The trial court issued an opinion pursuant to Pa. R.A.P. 1925(a). In its opinion, the trial court clarified that Appellant’s first claim, brought pursuant to the Crime Victims’ Employment Protection Act, was dismissed for failure to state a claim, based upon its interpretation of the Act, whereas Appellant’s remaining claims were preempted by the Workers’ Compensation Act, 77 P.S. §§ 1-2708, and, therefore, dismissed without prejudice.

Appellant raises the following issues on appeal:

1. When the [Crime Victims’ Employment Protection Act] was written, did the Legislature intend to protect crime [1231]*1231victims, who have not yet attended their hearing, from treats, coercion, and loss of employment?
2. Is the [Crime Victims’ Employment Protection Act] preempted by the Workers[’] Compensation Act?

Appellant’s Brief, at 3.

Our standard of review is settled:

When reviewing the dismissal of a complaint based upon preliminary objections in the nature of a demurrer, we treat as true all well-pleaded material, factual averments and all inferences fairly deducible therefrom. Where the preliminary objections will result in the dismissal of the action, the objections may be sustained only in cases that are clear and free from doubt. To be clear and free from doubt that dismissal is appropriate, it must appear with certainty that the law would not permit recovery by the plaintiff upon the facts averred. Any doubt should be resolved by a refusal to sustain the objections. Moreover, we review the trial court’s decision for an abuse of discretion or an error of law.

Swisher v. Pitz, 868 A.2d 1228, 1230 (Pa.Super.2005), quoting Reeves v. Middletown Athletic Ass’n, 866 A.2d 1115, 1122 (Pa.Super.2004).

Appellant claims that the trial court erred in its interpretation of the Crime Victims’ Employment Protection Act. This is a pure question of law, subject to our plenary review. Commonwealth v. Gilmour Mfg. Co., 573 Pa. 143, 822 A.2d 676, 679 (2003).

The General Assembly has directed in the Statutory Construction Act, 1 Pa. C.S. § 1501 et seq., that the object of interpretation and construction of all statutes is to ascertain and effectuate the intention of the General Assembly. Generally speaking, the best indication of legislative intent is the plain language of a statute. Furthermore, in construing statutory language, “[w]ords and phrases shall be construed according to rules of grammar and according to their common and approved usage_” 1 Pa. C.S. § 1903. Another bedrock principle of statutory construction requires that a statute “be construed, if possible, to give effect to all its provisions,” so that no provision is mere surplusage. 1 Pa.C.S. § 1921(a).

Gilmour Mfg. Co., 822 A.2d at 679 (some citations omitted).

According to Appellant, the purpose of the Act is to protect crime victims from coercive behavior by an employer impacting upon their employment or benefits, which could dissuade them from appearing in court. According to Appellant, the trial court erroneously interpreted the Act to afford protection to crime victims only after their court attendance and not before.

We agree that the trial court’s interpretation is too narrow. The Legislature sought to insure that crime victims could attend court proceedings without concern as to their employment status. Thus, the protected conduct is court attendance. The plain language of the Act does not place temporal limits on this protected conduct. Rather, the Act prohibits an employer from coercive behavior without regard to the timing of court proceedings.

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Rodgers v. Lorenz
25 A.3d 1229 (Superior Court of Pennsylvania, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
25 A.3d 1229, 2011 Pa. Super. 154, 2011 Pa. Super. LEXIS 1751, 2011 WL 2990989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodgers-v-lorenz-pasuperct-2011.