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Carroll v. City of Flint6/25/2002
UNPUBLISHED
Plaintiff appeals as of right from the trial court's order granting summary disposition in favor of defendants under MCR 2.116(C)(10). We reverse and remand for further proceedings.
I.
This is a case involving allegations of sexual harassment against defendant city of Flint and stalking against defendant Will Newson. Plaintiff began working for defendant city in September 1996 as an automation clerk in the Water and Sewer Department. Defendant Newson worked as a laborer in the Water Service Center, in the same department as plaintiff, until he was transferred in January 2000 to a different department.
At her deposition taken in June and August of 2000, plaintiff testified that from the beginning of her employment, Newson engaged in inappropriate conduct. Although she did not recall the dates, plaintiff stated that Newson brushed up against her on five to ten occasions in the hallway or as she walked through a doorway. She did not report these incidents, and instead would try to ignore him. Another incident that occurred shortly after plaintiff began her employment involved Newson interrupting her saying, "CC, you in love, CC, you in love?" while she was on the telephone with her boyfriend. Plaintiff reported this incident to her supervisor, Clarence Dishman.
Plaintiff recalled another incident in which Newson followed her and her boyfriend home from work one time in May 1998. As they were driving home, Newson followed plaintiff while her boyfriend was driving. They ultimately drove into the driveway of plaintiff's house and she later noticed that Newson drove slowly on her street past her house a couple of times. Although plaintiff did not confront Newson about this, she did report it to a foreman the following day.
Plaintiff stated that there were two occasions that she recalled before July 1998 when Newson called her a "bitch." He would say it under his breath when she walked by him. Plaintiff believed that the reason for this behavior was that she was acting as payroll clerk for a time when the usual payroll clerk was on leave and when Newson punched in late, she would have to dock his pay as the payroll clerk. Newson would get very upset about plaintiff docking his pay. Plaintiff reported Newson's behavior to Dan Larson, the sewer maintenance supervisor. In fact, this situation led to a memorandum, dated January 27, 1999, sent by Larson to the water service center employees to not disrupt the front office employees and that pay issues were to be addressed to the foremen. After Larson's memorandum was posted, plaintiff heard Newson say in the lunchroom that the memorandum did not pertain to him and that he could do whatever he wanted to do. Newson continued to enter the clerical area while the "other workers pretty much stayed away," even after the memorandum was posted.
The major incident of this case occurred on July 2, 1998. Early in the day, Newson was using profane language over the radio that plaintiff and Randy Fahey overheard. Plaintiff could not exactly recall, but she believed that Newson was talking about the payroll clerk, Suzy Bye, and called her a "c---" and "f---ing bitch" over the radio. Plaintiff asked Larson to do something about this and Larson got on the radio and told Newson to report in to the building at once.
Later that day, at about 2:50 p.m., plaintiff went outside on her break to smoke a cigarette. Several other employees (Mark Librette, Bruce Miller, Craig Combs, John Mockdy, Joe Glenn, Dan Wilson, Howard Swickard, and others) were around a picnic table when Newson walked up and stood next to plaintiff at the table. Newson started swearing, saying, "F--- you. F--- th
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