Sanford v. Thor Indus., Inc.

286 F. Supp. 3d 938
CourtDistrict Court, N.D. Indiana
DecidedFebruary 9, 2018
DocketCAUSE NO.: 1:16–CV–128–TLS
StatusPublished
Cited by6 cases

This text of 286 F. Supp. 3d 938 (Sanford v. Thor Indus., Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanford v. Thor Indus., Inc., 286 F. Supp. 3d 938 (N.D. Ind. 2018).

Opinion

CHIEF JUDGE THERESA L. SPRINGMANN, UNITED STATES DISTRICT COURT

This matter comes before the Court on a Motion for Summary Judgment [ECF No. 25] filed by Defendants Thor Industries, Inc., and DS Corp., d/b/a/ Crossroads RV ("the Defendants"). The Plaintiff, Jason Sanford, filed his Complaint [ECF No. 1] on April 13, 2016, asserting claims for failure to accommodate in violation of the Americans with Disabilities Act (ADA), wrongful termination, retaliation in violation of the ADA and Title VII, and intentional and/or negligent infliction of emotional distress.1 The Plaintiff responded to the Defendants' Motion on December 20, 2017 [ECF No. 29], and the Defendants replied on January 3, 2018 [ECF No. 31]. This matter is now fully briefed and ripe for review.

FACTUAL BACKGROUND

The Plaintiff began working for Crossroads, a recreational vehicle (RV) manufacturer, in May 2013. Initially, the Plaintiff assisted in assembling the floors of RV units, including installing wiring, connecting tanks, laying carpeting, and installing linoleum. The Plaintiff later became a "midline reworker" and eventually a trimmer. As a trimmer, the Plaintiff primarily installed trim above and inside cabinets and around the door casing, which required the Plaintiff to hold the trim with one hand and install it with the other hand. The Plaintiff would have to carry a ladder between units, "nailers" for securing the trim, and bundles of trim.

On October 3, 2013, the Plaintiff was injured while installing trim around a door casing when another employee kicked open the door, smashing the Plaintiff's wrist. The Plaintiff filed a worker's compensation occupational injury report and claim the day of the injury. According to the Plaintiff, his supervisor forced him to work for the remainder of the day. The Plaintiff also claims that, upon returning to work the next day, his supervisor threatened to fire him if he went to the plant manager to seek medical attention.

The Plaintiff was treated at Parkview Total Health on October 4, 2013, where he received medical restrictions that did not allow any use of his right arm or hand. The Plaintiff visited a doctor on October 8, 2013, where his wrist was placed in a splint for two weeks. Eventually the Plaintiff scheduled surgery for his wrist on November 20, 2013.

Prior to his surgery, the Plaintiff returned to Crossroads where he was given light duty work such as cleaning bathrooms, *942picking up screws around the facility, and taking off electrical outlets, receptacles, and door casings; however, the Plaintiff insisted that he was unable to complete any of these duties due to his medical restrictions. While taking off receptacles and door casings, multiple wood doors fell on top of him, which, the Plaintiff asserts, further exacerbated his wrist injury.

On November 20, 2013, the Plaintiff underwent an arthroscopic debridement surgery on his wrist. He was not permitted to return to work until December 2, 2013, and he was not permitted to use his right arm, hand, or wrist. At that time, the Plaintiff was given light duty office work, which involved preparing new-hire packets, putting stickers on those packets, and stuffing envelopes. According to the Plaintiff, when he expressed concern with his ability to perform this work, he was met with sarcastic comments and threats of termination. This work assignment lasted until December 20, 2013, which was the last day the Plaintiff performed any work for Crossroads and went on medical leave. Thereafter, the Plaintiff claims he was subjected to verbal abuse when he went to pick up his paychecks.

On February 20, 2014, the Plaintiff's physician determined that the Plaintiff was not progressing with therapy, his pain was increasing, and his functionality was decreasing. The Plaintiff underwent a second surgery on June 27, 2014, at which point he was told he could not return to work until July 7, 2014, and that it could be one to three years before he could return to work. As of October 1, 2014, the Plaintiff's physician still had not released him to return to work, and the physician's notes indicated that the Plaintiff's "right grip/grasp was nonfunctional and task could not be progressed." A Work Rehab Progress Report dated October 28, 2014, reflected the same.

Although there was communication between Crossroads and the Plaintiff regarding the status of his medical condition, there was no discussion about any potential accommodations that would allow the Plaintiff to return to work with his medical restrictions. On January 7, 2015, the medical case management firm overseeing the Plaintiff's medical leave issued a closure report stating that the Plaintiff's treating physician concluded that the Plaintiff had reached maximum medical improvement and assigned him permanent restrictions. The Plaintiff was terminated that same day.

STANDARD OF REVIEW

Summary judgment is proper where the evidence of record shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. Celotex Corp. v. Catrett , 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The moving party bears the initial burden of informing the court of the basis for its motion and identifying those portions of the record it believes demonstrate the absence of a genuine issue of material fact. Id. at 323, 106 S.Ct. 2548. The burden then shifts to the non-movant to "go beyond the pleadings" to cite evidence of a genuine factual dispute precluding summary judgment. Id. at 324, 106 S.Ct. 2548. "[A] court has one task and one task only: to decide, based on the evidence of record, whether there is any material dispute of fact that requires a trial." Waldridge v. Am. Hoechst Corp. , 24 F.3d 918, 920 (7th Cir. 1994). If the non-movant does not come forward with evidence that would reasonably permit the finder of fact to find in its favor on a material issue, then the Court must enter summary judgment against it. Id.

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Bluebook (online)
286 F. Supp. 3d 938, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanford-v-thor-indus-inc-innd-2018.