Tatum v. United Parcel Service, Inc.

79 So. 3d 1094, 10 La.App. 5 Cir. 1053, 2011 La. App. LEXIS 1359, 2011 WL 5554311
CourtLouisiana Court of Appeal
DecidedNovember 15, 2011
DocketNo. 10-CA-1053
StatusPublished
Cited by12 cases

This text of 79 So. 3d 1094 (Tatum v. United Parcel Service, Inc.) 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
Tatum v. United Parcel Service, Inc., 79 So. 3d 1094, 10 La.App. 5 Cir. 1053, 2011 La. App. LEXIS 1359, 2011 WL 5554311 (La. Ct. App. 2011).

Opinion

MARION F. EDWARDS, Chief Judge.

12Plaintiffs/appellants, Tim Tatum (“Tatum”) and Richard G. Hilliard (“Hilliard”), filed suit against defendants/appellees, United Parcel Service, Inc. (“UPS”); Roman Williams; Karl Gramm; and Jeanne Lawrence (“Lawrence”), alleging various claims of racial discrimination in the workplace. Tatum alleged acts of retaliation by the defendants, which were designed to compel his resignation and which resulted in his constructive discharge. He alleged [1096]*1096an action for intentional infliction of emotional distress. Hilliard expressed claims for a hostile work environment and race discrimination based on a failure to promote. Tatum and Hilliard averred that they were employees of UPS in the Gulf South District and that Williams was the Human Resources Manager of the District; Gramm was the Operations Manager; and Lawrence was the Division Manager of the Capitol Division located in the Gulf South District. Tatum worked in the Port Allen Center, and Hilliard worked in the Harahan Center.

Various pretrial discovery motions were heard and determined. Summary judgment was granted on several claims as to several defendants. The matter was tried by a jury, which dismissed all plaintiffs’ claims.

On appeal, the errors complained of are certain evidentiary rulings, including the trial court excluding certain employees from testifying; in sustaining certain objections at trial; in refusing to permit certain depositions to be read to the jury; and in granting a motion in limine.

|3In the petition, plaintiffs alleged that, during the course of their employment, they were each subjected to unlawful discrimination on the basis of their race. Tatum claimed that he was subjected to retaliation for opposing and making complaints of discrimination and to intentional infliction of emotional distress by Gramm and Lawrence, who, he urged, acted to induce him to withdraw his complaints and forcing him to terminate his employment. According to the complaint, UPS failed to take appropriate remedial action to remedy the situation.

Tatum, an African-American, alleged that, shortly after he became Business Manager of the Port Allen UPS Center, he observed that Lawrence, his immediate supervisor, was treating him and other black employees in a less favorable and respectful manner based on their race, and other managerial employees made similar observations. Lawrence dismissed his concerns, after which time he made his concerns known to Williams. According to the petition, Lawrence, Williams and Gramm retaliated in various ways, culminating in his unwarranted demotion in January 2007.

Hilliard, also African-American, averred that in 2006, he was a part-time Operational Management Supervisor at the Earhart Center, and it had been represented to him that he would have the opportunity to advance to a full-time manager. According to Hilliard, he completed all requirements for full-time employment and submitted the appropriate paperwork to Center Manager Michael Bates (“Bates”), who intentionally failed to forward the package to Human Resources. After questioning by Hilliard, Bates replied, “You people will have to wait.” Hilliard urged that these actions were motivated by racial discrimination, and Bates has demonstrated such behavior in regard to other black and other non-white employees. He further urged that Bates created a racially hostile ^environment that was known to UPS through Williams and Gramm, who allowed the situation to flourish.

Both Tatum and Hilliard alleged that they suffered severe mental anguish, despair, humiliation, loss of income, loss of earning potential, and loss of enjoyment of life.

The petition was later amended to state that the actions of UPS and its other employees led to stress-related physical and emotional symptoms that forced him to take a leave of absence and seek medical care. UPS refused to acknowledge his condition, and after ordering him to provide documentation justifying his absence, considered Tatum “voluntarily separated” from his employment. Tatum contends [1097]*1097that such action resulted in a constructive discharge, and UPS was in violation of La. R.S. 23:967.

On various motions for partial summary-judgment, Tatum’s claims for constructive discharge and intentional infliction of emotional distress were dismissed with prejudice. As a result, Williams, Gramm, and Lawrence were dismissed from the lawsuit. Summary judgment was denied as to Tatum’s claim for race discrimination. The court also granted a motion for summary judgment in favor of UPS, dismissing the racial discrimination claim by Hilli-ard, but denying summary judgment as to Hilliard’s claim of a hostile work environment.

In a judgment dated October 26, 2009, the trial court considered several pre-trial motions in limine. The court excluded a number of items, including the following, from evidence: the affidavit of Curtis Price; evidence regarding the income or other financial information of UPS; any reference to former defendants Lawrence, Gramm, and Williams; allegations of Ramon Phillips; testimony of, or related to, the employment of Oscar Hernandez, Perry Pittman, and Delbert Jarreau, which fell outside the period of Hilliard’s active employment; testimony ^regarding certain Gulfport employees; certain lawsuits against UPS; testimony of certain employees as to Hilliard’s work performance; testimony of Joe Peterson, Kenneth Rodriguez, Terrell Butler, and Floyd Williams; general complaints by employees who will not testify at trial; hearsay testimony regarding these complaints; and evidence regarding resolved union grievances. The court deferred the motions in limine regarding other matters to trial.

The matter proceeded to trial by jury. At the close of the evidence, the jury found the evidence did not show that Hilliard was subjected to a hostile work environment. The jury further determined that Tatum was not intentionally discriminated against by being demoted on the basis of his race, and UPS did not intentionally retaliate against him because he reported in good faith a violation of state law. All claims against UPS were dismissed. Tatum and Hilliard take this timely appeal.

At the trial on the merits, the only defendant left in the suit was UPS. The claims were limited to racial discrimination and retaliation brought by Tatum and hostile work environment brought by Hilliard.

The only issues presented in this appeal relate to certain evidentiary rulings made by the trial court in response to UPS’s motions in limine and at the trial on the merits. In general, Tatum and Hilliard assert the trial court’s rulings on these issues were prejudicial and unduly restrictive.

SUMMARY OF TESTIMONY

TIM TATUM

Tatum testified that he began employment at UPS in 1986, and he worked continuously there until 2007. He was in the Gulf South District for about twelve or fourteen years. He was a driver or “service provider” for about four and a half years; he then moved to customer service as an account executive or sales ^representative. He continued in that position for another four and half years, when he became an on-car supervisor or “center supervisor.” Tatum held that position for about eleven years until he was promoted to a business manager at the Houma and the New Iberia Centers. A business manager answers to the division manager. Division Manager Ron Acoff told Tatum that he was doing a very good job and was looking to promote him. The Gulf South District Manager was Curtis Price.

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79 So. 3d 1094, 10 La.App. 5 Cir. 1053, 2011 La. App. LEXIS 1359, 2011 WL 5554311, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tatum-v-united-parcel-service-inc-lactapp-2011.