Rodriguez v. Consolidation Coal Co.

524 S.E.2d 672, 206 W. Va. 317
CourtWest Virginia Supreme Court
DecidedDecember 8, 1999
Docket26350
StatusPublished
Cited by13 cases

This text of 524 S.E.2d 672 (Rodriguez v. Consolidation Coal Co.) is published on Counsel Stack Legal Research, covering West Virginia Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rodriguez v. Consolidation Coal Co., 524 S.E.2d 672, 206 W. Va. 317 (W. Va. 1999).

Opinions

PER CURIAM:

This case is before the Court upon the appeal from the January 4, 1999, final order of the Circuit Court of Monongalia County, West Virginia, denying Consolidation Coal Company’s (“CCC”) motion for judgment" as a matter of law or, in the alternative, motion for a new trial, after a jury returned a verdict against the Appellant awarding the Ap-pellee, Kenneth M. Rodriguez, a total of [321]*321$175,000 in back pay and $75,000 in noneco-nomic damages for retaliatory discharge. The Appellant contends that the lower court erred: 1) by denying the Appellant’s motion for judgment as a matter of law where the Appellant offered evidence of a legitimate, non-discriminatory reason for the Appellee’s termination and the Appellee failed to offer any evidence of pretext; 2) by denying the Appellant’s motion for judgment as a matter of law where, in addition to failing to present any evidence of pretext, the Appellee failed to offer any evidence that he was the victim of “actual retaliation,” i.e., that “but for” his allegedly protected activity, he would not have been terminated from employment;1 3) by failing to reduce the award of $75,000 in non-economic damages that was not supported by the evidence or, to the extent that some award of non-economic damages was appropriate, was clearly excessive; 4) by failing to reduce the award of $175,000 in back pay where the Appellee was a full-time student during most of his period of employment; 5) by admitting hearsay evidence regarding statements allegedly made by-the Appellee to his wife; 6) by admitting a complaint filed by the Appellee with the Mine Safety and Health Administration (“MSHA”) more than two months after his discharge; and 7) by awarding prejudgment interest on the Appellee’s entire back pay award rather than calculating interest from the dates the Appellee would have been paid had he not been discharged from employment. Based upon a review of the record, the parties’ briefs and arguments, as well as all other matters submitted before this Court, we find that the trial court did not err. Accordingly, we affirm.2

I. FACTS

The Appellee was a twenty-six-year-old section foreman3 at CCC’s Humphrey mine in Monongalia County, West Virginia. He had been working for the Appellant since 1992. On October 27, 1996, there was an accident in which David Smith, one of the Appellee’s hourly subordinates, was killed. Mr. Smith sustained a fatal massive head trauma when the locomotive he was operating exited the mine portal and collided with the protruding part of a longwall shield which was on the track outside of the mine.

Almost immediately after the fatal accident occurred, the Appellant’s officials, including Ronald Stovach, Vice President of Operations in Northern West Virginia, Richard Krynicki, Assistant Superintendent of the Humphrey mine and Elizabeth Chamberlaine, a CCC staff attorney, arrived on the scene. Mine safety inspectors later arrived on the scene as well.

According to the Appellee, miners at the scene began questioning the positioning of Mr. Smith and the locomotive which, in turn, caused the Appellee to think that something was wrong.4 The Appellee further testified [322]*322that he stated to Mr. Krynicki, “I think I screwed up.” The Appellee, stated that Mr. Krynicki responded by saying, “Kenny, I don’t know who you have talked to but don’t be going around telling people you screwed up.”

The Appellee testified that he described what occurred and his involvement in the accident to Elizabeth Chamberlaine and Mr. Stovach. The Appellee stated, however, that either Ms. Chamberlaine or another company official told him that he did not have to talk to state and federal mine investigators until he had retained counsel. Consequently, the Appellee did not give a sworn statement to the investigators until three days later.

Ms. Chamberlaine’s testimony confirmed that she informed the Appellee of his rights, as well as CCC’s indemnification policy.5 She stated that the Appellee gave her a brief description of what had occurred and asked her if she thought it was a violation.' She informed the Appellee that she could not tell whether a violation had occurred. Finally, she testified that the Appellee told her that he did not wish to make a statement to investigators until he had consulted with an attorney.

The Appellee left the mine and returned home approximately four hours after the accident. In the early evening on the day of the accident, the Appellee was visited at his home by John Higgins, his former supervisor.6 Mr. Higgins had never been to the Appellee’s home. Consequently, both the Appellee and his wife were surprised by his visit. The Appellee testified that Mr. Higgins was not a friend of his. He considered him to be only an acquaintance, because of their former working relationship. The Ap-pellee testified that Mr. Higgins

said that he had talked to Dick Krynicki about the accident and Dick was concerned about me, but since he was involved in the investigation that he felt he couldn’t contact me. And that John was no longer my superintendent, he was here as my friend, but if he was me he would say that Mr. Smith, he knew that Mr. Smith was going to change motors and Mr. Smith went ahead and changed the motors and that I didn’t know that Mr. Smith got an incorrect motor. I just assumed that with his mining experience he would know to get the correct motor and I was in front of the move and never realized he got an incorrect motor until the time of the accident.7
Q: What was your reaction when he told you that?
A: Right after he said that to me I said, Well, John, that’s not what happened. I’m not going to say that. I said, Do you want to know, what happened, and I proceeded to tell him all the events that took place that night.
And I recall after I acknowledged to him that I knew the switching of the motors he said, Well, that’s going to be a big problem. ...
Q: Was there any truth to what Mr. Higgins told you that when he said, quote, If I were you I would say it happened this way ...?
A: No.
Q: Did you make it plain to him that that wasn’t true?
A: Yes.
Q: Did you know whether he knew that you were going to be talking to inspectors later on that week?
[323]*323A: I’m sure he did, yes.
Q: Do you recall if you made the statement to him that the way you described the incident is what you would tell the inspectors?
A: Yes.
Q: As one of the two people that were involved in that conversation, what was your impression of the real reason, what was the messáge that you surmised he was there to deliver to you, one of support and consolation or something else?
A: He was there to tell me that I should lie in the investigation.

Mr. Higgins testified that he found out about the mine fatality almost immediately upon his arrival .at work that morning. He later spoke with Mr. Krynicki, the assistant superintendent at the Humphrey mine. According to Mr. Higgins, Mr.

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Rodriguez v. Consolidation Coal Co.
524 S.E.2d 672 (West Virginia Supreme Court, 1999)

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Bluebook (online)
524 S.E.2d 672, 206 W. Va. 317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rodriguez-v-consolidation-coal-co-wva-1999.