Seagrave v. Dean

908 So. 2d 41, 2005 WL 1366483
CourtLouisiana Court of Appeal
DecidedJune 10, 2005
Docket2003 CA 2272
StatusPublished
Cited by5 cases

This text of 908 So. 2d 41 (Seagrave v. Dean) 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
Seagrave v. Dean, 908 So. 2d 41, 2005 WL 1366483 (La. Ct. App. 2005).

Opinion

908 So.2d 41 (2005)

Loren R. SEAGRAVE
v.
Robert Joe DEAN, Patrick S. Henry, and the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College.

No. 2003 CA 2272.

Court of Appeal of Louisiana, First Circuit.

June 10, 2005.
Rehearing Denied August 23, 2005.

*42 Dan M. Scheuermann, Keith H. Grant, Troy D. Jackson, Baton Rouge, Counsel for Plaintiff/Appellee Loren R. Seagrave.

Todd S. Manuel, G. Michael Pharis, Baton Rouge, Counsel for Defendants/Appellants Robert Joe Dean, et al.

Before: WHIPPLE, GUIDRY, GAIDRY, McDONALD and McCLENDON, JJ.

GAIDRY, J.

In this racial discrimination action, defendants, Robert Joe Dean (Dean), Patrick S. Henry, and the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, appeal the trial court's judgment in favor of plaintiff, Loren Seagrave (Seagrave), awarding him damages for lost wages and emotional distress. *43 For the reasons that follow, we reverse the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

Seagrave started working for Louisiana State University and Agricultural and Mechanical College (Louisiana State University) in August of 1983 as an Assistant Men's and Women's Track Coach. Thereafter, in July 1985, he received a promotion and became the Head Women's Track Coach. In 1987, then Head Track Coach Billy Maxwell resigned and Seagrave approached Dean, Louisiana State University's Athletic Director, and requested that he be considered for the Head Track Coach position. Dean told Seagrave that he was looking for someone with experience coaching an entire track program, that Seagrave did not have the desired experience, and that it would be difficult to market an assistant coach to alumni. In July 1987, Louisiana State University hired Patrick Henry as the university's new Head Track Coach. Seagrave continued to work with the track program and retained his title as Head Women's Track Coach.

In the spring of 1989, the Louisiana State University track team conducted its spring training in Tempe, Arizona. While traveling back from Arizona, Seagrave approached Henry and informed him of an all-night "counseling session" he had with a female athlete at his vacant rental property on Alaska Street in Baton Rouge. This "counseling session" had occurred in July of 1988 when the female athlete requested to speak with Seagrave regarding some personal problems she was experiencing. Seagrave approached Henry on the way back from Arizona because he was concerned that the female athlete's boyfriend would be at the airport in Baton Rouge and was going to speak to others about the situation.

Upon his arrival back in Baton Rouge, Henry informed Dean of his conversation with Seagrave. A meeting was subsequently held between Seagrave, Henry, and Dean whereupon Seagrave was asked to resign his position; Seagrave refused. A notice was thereafter sent to Seagrave, informing him that an official letter of reprimand would be placed in his personnel file. Thereafter, Seagrave discussed his situation with the track team and the media. On April 12, 1989, Seagrave was given a notice that his employment would be terminated effective May 12, 1989. This notice incorrectly referred to Seagrave as an Assistant Track Coach. On April 18, 1989, a second notice of termination was sent to Seagrave, correctly stating his title as Head Women's Track Coach, and changed the effective date of his termination to May 15, 1989.

On April 18, 1989, Seagrave filed a grievance with Louisiana State University. A grievance hearing before the Vice Chancellor for Administrative Services was held on May 9, 1989, even though Seagrave was an at-will employee.[1] Seagrave's termination was not reversed.

In January of 1990, Seagrave filed the instant lawsuit, naming Dean, Henry, and the Board of Supervisors of Louisiana State University as defendants. In his petition, Seagrave asserted claims for abuse of rights, defamation, and racial discrimination in violation of La. R.S. 23:1006. According to Seagrave, he was terminated because of his marriage to an African-American *44 woman.[2] On February 5, 2003, defendants filed a Motion in Limine, seeking to exclude evidence relating to the 1987 hiring of Patrick Henry as the new Head Track Coach. The motion was set to be heard on February 18, 2003, but was continued to the trial on the merits. The trial began on February 24, 2003. On that same date, defendants filed a motion to strike the jury based on La. R.S. 13:5105, which provides that no suit against the state, a state agency, or a political subdivision shall be tried by a jury. Apparently finding that defendants' motion to strike was moot, the trial court continued to empanel a jury.[3]

At the conclusion of Seagrave's case in chief, defendants moved for a directed verdict. The trial court thereafter dismissed Seagrave's defamation claim and found that his abuse of rights claim was subsumed within his racial discrimination claim. Therefore, the only claim left before the jury for determination was the racial discrimination claim. On February 27, 2003, the jury returned a verdict finding in favor of Seagrave and awarding him $423,000.00 in lost wages and $350,000.00 in general damages for emotional distress. On April 2, 2003, the trial court entered a judgment against the defendants for the amounts reflected in the jury's verdict, plus legal interest. Defendants now appeal from this judgment and assert the following assignments of error:

1. The trial court improperly denied defendants' motion to strike the jury.
2. The trial court improperly denied defendants' motion in limine to exclude testimony regarding the isolated comment attributed to Dean.
3. The trial court erred in finding that Seagrave satisfied his burden of proving race-based discrimination.
4. The trial court erred in failing to instruct the jury on the law regarding employment discrimination when it failed to define "isolated comment" or provide any standards to guide the jury as to the weight to be given to isolated comments.
5. The jury verdict awarding Seagrave damages for lost wages and emotional distress is erroneous because Seagrave failed to prove such damages.
6. The jury's allocation of liability to Dean and Henry is contrary to law because these individuals were not Seagrave's employer according to La. R.S. 23:1006.

DISCUSSION

Racial Discrimination

Appellants assert that the jury erred in finding that Seagrave satisfied his burden of proving race-based discrimination. At the time this action was filed, La. R.S. 23:1006[4] governed discrimination in employment based on account of race, color, religion, sex or national origin and provided in part:

B. It shall be unlawful discrimination in employment for an employer to:
(1) intentionally fail or refuse to hire, refer, discharge, or to otherwise intentionally discriminate against or in favor of an individual with respect *45 to compensation, terms, conditions, or privileges of employment, because of race, color, religion, sex, or national origin.

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