Terry Reedy v. Rich Transport

712 F. App'x 516
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 1, 2017
Docket17-1085
StatusUnpublished

This text of 712 F. App'x 516 (Terry Reedy v. Rich Transport) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Terry Reedy v. Rich Transport, 712 F. App'x 516 (6th Cir. 2017).

Opinions

SILER, Circuit Judge.

Terry Reedy appeals from the district court’s grant of partial summary judgment to Rich Transport, LLC; Rich Logistics, LLC; and Rich Logistics Holdings, LLC (“Rich”), in which the district court concluded that Rich did not unlawfully discriminate or retaliate against Reedy. Reedy asserts that partial summary judgment is not appropriate be-eause the district court erred in making credibility determinations vs/hen record evidence establishes triable claims. We affirm because no genuine dispute of material fact exists that Rich is entitled to judgment as a matter of law.

I

Rich operates a trucking company, and Reedy worked for the company as a driver from October 20Í.4 to February 2Q15.1 Reedy worked from Monday to Thursday from 2:00 a.m. to 2:00 p.m.; his route covered four stops, beginning in Michigan and ending in Indiana, before returning home. Though his schedule operated from Monday to Thursday, Reedy had worked Fridays upon Rich’s request. During his first month, Reedy received a speeding ticket while driving the route. Around December, Reedy’s wife moved out of their home, leaving him responsible for the care of their five children (then ages 6, 8, 8, 11, and 15). Although no longer cohabitating, Reedy remained married at all relevant times. The facts of the lawsuit span six days: January 27 through February 2.

On Tuesday, January 27, Reedy slipped on a patch of ice while disconnecting the trailer from his truck. After Reedy informed Rich’s terminal manager of lower-back pain stemming from the fall, the terminal manager instructed Reedy to contact Rich’s day dispatcher, the person whom Reedy considered his supervisor. Reedy reported the injury to the dispatcher and discussed his need for medical attention. The dispatcher informed Reedy that Rich would cover expenses for injuries immediately reported and documented on an incident form. When Reedy represented that he had not received a form, the dispatcher responded, “[W]ell, we’ll get it next time,”

That same day, the dispatcher reported the incident to Rich’s director of safety, whose responsibilities involved — among other things — approving all hiring, scheduling random drug tests, and meeting with injured drivers. Although the safety director informed the dispatcher of Reedy’s obligation to fill out an incident form as a condition precedent to receiving worker’s compensation, the safety director later admitted, “I dropped the ball on [not following up with Reedy’s injury].... I was covered up with other things and it got mishandled and that was my problem.” Reedy did not document the injury and continued work unabated.

Two days later, on Thursday, Reedy informed Rich’s night dispatcher that he had left his truck at or near a truck stop because he believed that snowy conditions made the roads too dangerous for travel. When Reedy returned home, he relieved his regularly scheduled babysitter and resumed care for his children. The night dispatcher left a. note about Reedy’s actions, which the day dispatcher received around 10:00 a.m. at the beginning of his shift. The day dispatcher called Reedy, directing him to retrieve the truck and continue the route. When Reedy reported that he could not find another babysitter, the dispatcher responded, “I don’t give a f**k about your kids. Get your f**king ass in that truck because that’s where we need to have you.” Reedy objected: “I can’t leave my kids. You going to let me take my kids with me?” No dispute exists that the dispatcher, whom Reedy perceived to be his supervisor, knew that Reedy cared for five children at all times relevant. Around 11:00 a.m., the safety director, called Reedy and inquired about whether he was a single parent. After affirmation, the safety director stated that he would not have hired Reedy had he known about his status as a single parent.

That same day, the dispatcher sent another driver to detach the trailer from Reedy’s truck and deliver the rest of the load. Around that time, the news reported a blizzard and 100-car pile-up in the area. Another of Rich’s drivers at some point informed the dispatcher that travel on the roads was slow due to snow. The dispatcher generally deferred to drivers on road-safety decisions, and he testified after the fact that Reedy acted reasonably given the conditions. Still all parties concede that Reedy disobeyed the dispatcher’s order when he declined to retrieve the truck and trailer. Rich’s articulated concern for retrieving the property — beyond fulfilling its delivery obligations — was threat of towing and consonant financial consequences.

On Friday, the beginning of his regularly scheduled time off, Reedy informed the day dispatcher that he could not retrieve the truck because he considered the roads unsafe and could not find a babysitter. The dispatcher reported to the safety director that Reedy had voluntarily quit because he refused to retrieve the truck and would not report to work. The dispatcher admitted that Reedy never said he was quitting, but his failure to report to work suggested as much. The dispatcher testified that he understood why Reedy was unable to retrieve the truck: “I didn’t make an issue about him not being available on Friday. I knew he had to make arrangements.” On Sunday through another driver, Reedy learned that he had been placed on medical leave. He also learned that Rich would be picking up the truck and trailer.

On Monday, Reedy called the safety director to inquire about his employment status, and the safety director informed Reedy that he had been fired. The evidence shows that Rich justified termination on grounds that Reedy voluntarily quit and had performance issues.

In 2015, Reedy sued in state court, alleging violations under three provisions of the Michigan Complied Laws: (1) discrimination under the Elliot-Larsen Civil Rights Act (“Elliot-Larsen”) on the basis of marital status; (2) retaliation' under the Work- ' er’s Disability Compensation Act (“WDCA”) on the basis of reporting a workplace injury; and (3) violations under the Bullard-Plawecki Employee Right-to-Know Act (“Bullard-Plawecki”) on the basis of failing to receive his employment records. Rich removed the case on diversity grounds and moved for partial summary judgment on the discrimination and retaliation claims.

The district court granted partial summary judgment, concluding that Reedy failed to proffer evidence demonstrating pretext of discrimination and either pretext of or causation from retaliation. Reedy v. Rich Transp., LLC, No. 15-11401, 2016 WL 4446588, 2016 U.S. Dist. LEXIS 113302 (E.D. Mich. Aug. 24, 2016). Upon settlement of the Bullard-Plawecki claim, the district court dismissed all claims without prejudice. Reedy appeals from the dismissal of the discrimination and retaliation claims.2

II

We review de novo a district court’s grant of partial summary judgment. Guyan Int'l Inc. v. Prof'l Benefits Adm’rs, Inc., 689 F.3d 793, 797 (6th Cir. 2012). Courts consider the evidence in the light most favorable to the nonmoving party and draw all reasonable inferences in that party’s favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

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712 F. App'x 516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-reedy-v-rich-transport-ca6-2017.