Sigurdson v. Carl Bolander & Sons, Co.

511 N.W.2d 482, 1994 WL 24110
CourtCourt of Appeals of Minnesota
DecidedMarch 31, 1994
DocketC4-93-1555
StatusPublished
Cited by2 cases

This text of 511 N.W.2d 482 (Sigurdson v. Carl Bolander & Sons, Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sigurdson v. Carl Bolander & Sons, Co., 511 N.W.2d 482, 1994 WL 24110 (Mich. Ct. App. 1994).

Opinion

OPINION

NORTON, Judge.

In this disability and age discrimination case, appellant Stuart Sigurdson challenges summary judgment against him. On appeal, he argues that the district court failed to view the evidence in his favor, misinterpreted the law on evaluating evidence of disability discrimination, erred in concluding that Si-gurdson had not established a prima facie case of age discrimination, and abused its discretion when it denied Sigurdson’s motion to submit a late affidavit. Although summary judgment was proper on the age discrimination claim, the trial court erred in finding no fact issue regarding pretext in the disability discrimination claim. Sigurdson had direct evidence of pretext in the record that created a fact issue for trial and precluded summary judgment. We affirm in part, reverse in part, and remand.

FACTS

On January 8, 1990, Sigurdson applied for a job with respondent Carl Bolander & Sons, Co. (Bolander), having heard of a job opening from a friend who worked as a mechanic there. Sigurdson had 27 years of work experience as a mechanic for various companies. Sigurdson filled out an application and, although he had no appointment, met with Thomas Slaughter, equipment superintendent and supervisor of the mechanics.

During the interview, Slaughter read over Sigurdson’s application and asked Sigurdson about his engine rebuilding experience which Sigurdson had mentioned in his application. Sigurdson testified at deposition that Slaughter “told me I had good qualifications and that he would recommend me for the job.” Sigurdson said Slaughter told him the rate of pay for the job would be $11.75 per hour plus $1.00 to be put into a pension, that Bolander had other truck mechanics, and that “there would not be much” overtime.

Sigurdson then told Slaughter that he has diabetes. When asked at his deposition why he volunteered this information, Sigurdson explained that he always told his employers that he has diabetes and he felt that Bolan-der was going to hire him. He testified that after he mentioned he was a diabetic, Slaughter told him that the mechanic who had left the position was a diabetic, that he passed out on the job, and that Bolander had to call an ambulance. According to Sigurdson, Slaughter then said:

Just that, you know — that he didn’t — because of my diabetes he didn’t know if they’d hire me or not and they’d have to check with the attorney.

Approximately a week later, Sigurdson called Slaughter and asked if he had talked to the attorney yet. Slaughter said, “no,” and asked Sigurdson to speak to the attorney himself because Slaughter was going on vacation. Sigurdson testified that he never *485 discussed with Slaughter why he did not get the job.

With regard to Sigurdson’s application, Slaughter remarked that Sigurdson had not worked in the trade for a while and that his only strong point appeared to be engine rebuilding. Slaughter denied that he told Si-gurdson that he thought he had good qualifications, although he admitted he might have told him he had good qualifications for engine work. Slaughter further denied expressing concern about Sigurdson’s diabetes as it related to his employment chances. Slaughter explained that he did not consider it important that Sigurdson took insulin and did not consider his diabetes to be a disqualification for the job. Slaughter also denied saying anything to Sigurdson about a diabetic coworker going into insulin reaction and was not aware of that ever happening at Bolander.

Slaughter testified that he contacted the Northeast Metro Technical College (Vo-Tech) to recruit a truck mechanic when the position initially opened up in late December 1989. Thomas Johnstone, director of the Vo-Tech, testified by affidavit that Slaughter did not specify any desirable age nor ask about disabilities. Johnstone recommended Jeffrey Schertz as a good candidate for the truck mechanic position.

Robert Powers, Bolander’s shop foreman, interviewed Schertz. Schertz impressed Powers because he had Vo-Tech training, was eager to improve his skills by further education, was very alert, articulated his goals for self improvement and advancement, volunteered information, and asked thoughtful, pertinent questions. Also, Schertz mentioned during the interview that he was interested in being involved in the state’s apprentice program. Powers stated at his deposition that Bolander liked employees with less hands-on experience because they were not set in their ways. Sigurdson’s attorney then asked him:

So in other words, you would prefer to have somebody younger that’s less ingrained in habits of working somewhere else?

Powers replied, “yes;” he said he and Slaughter had discussed this issue. Powers later explained in an affidavit that, in his opinion, a “young mechanic” is someone who was relatively new in the field, not necessarily referring to age. In addition, Slaughter stated at his deposition that Schertz was better qualified because they “could mold him to our specifications” and that Sigurdson was not as up to date on current products. When Slaughter came back from vacation, he told Powers that if he was impressed with Schertz, “get him on board.” Slaughter admitted that he did not talk to Powers about Sigurdson’s application even though Sigurd-son applied before Schertz’ interview.

Schertz stated in his affidavit that Powers told him during his interview that the job would require overtime and was slated as a 45 hour-a-week position. Schertz further testified that when he began work he put in a significant amount of overtime, even beyond the 45 hours a week because the trucks and trailers had not been well maintained before he started working there.

Sigurdson followed up his job application by speaking with Bolander’s in-house counsel, Steve Vodonik. Sigurdson testified that the following exchange occurred:

Q. What did you say to him?
A. I asked him about the job, if they’d come to a decision on it.
Q. And what did he say?
A. He said that basically that they had. And I asked him — he said because I’m a diabetic — and he said, yes, the owner’s wife has got diabetes and they didn’t feel they wanted to hire a diabetic.
Q. So in the phone conversation with Mr. Vodonik you asked him about the job and he told you that they’d come to a decision to hire someone else, correct?
A. No. He never said — I don’t recall that he said they’d come to a decision to hire somebody else.
Q. They’d just come to a decision not to hire you?
A. Yes.
Q. Okay. And then you asked him why, is that correct?
A. Yes.
*486 Q. And he — you asked him if your diabetes was — why don’t you tell me as best you can specifically how the conversation went. Who said what when?
A. I asked him if they’d made a decision on it and' — and he said no.

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

Related

Hermeling v. Montgomery Ward & Co., Inc.
851 F. Supp. 1369 (D. Minnesota, 1994)
Fireman's Fund Insurance v. Western National Mutual Group
851 F. Supp. 1361 (D. Minnesota, 1994)

Cite This Page — Counsel Stack

Bluebook (online)
511 N.W.2d 482, 1994 WL 24110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sigurdson-v-carl-bolander-sons-co-minnctapp-1994.