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Kallenbach v. Wayne State University School of Medicine6/28/2002
UNPUBLISHED
Plaintiff appeals as of right the circuit court's orders granting defendants summary disposition in this suit alleging breach of employment contract, constructive discharge, discrimination based on national origin and religion, defamation and tortious interference with contractual relations. We affirm in part and reverse in part.
This Court reviews the circuit court's summary disposition determinations de novo. Maiden v Rozwood, 461 Mich 109, 118; 597 NW2d 817 (1999). Motions brought under MCR 2.116(C)(10) test the factual support of a claim. Smith v Globe Life Ins Co, 460 Mich 446, 454; 597 NW2d 28 (1999). The circuit court must consider the affidavits, pleadings, depositions, admissions, and other evidence submitted in the light most favorable to the nonmoving party. Maiden, supra at 120. Summary disposition is proper under MCR 2.116(C)(10) if the documentary evidence presented fails to establish that a genuine issue of material fact exists. Id.
I.
Plaintiff, a South African born and trained physician, and an orthodox Jew, emigrated to the United States from South Africa in 1994 to accept a position as associate professor of medicine at WSU and work at WSU's affiliate hospitals. Plaintiff has a medical degree and a Ph.D., specializes in pulmonary medicine, and has particular expertise in asthma.
Plaintiff alleged that he was discriminated against on the basis of national origin (South African) and religion (Orthodox Judaism). Plaintiff testified at deposition that Dr. James Fisher, who was hired after plaintiff and was plaintiff's supervisor until June 1998, did not support his efforts to obtain funding and establish an asthma clinic, which was one of the reasons WSU had recruited and hired plaintiff. Plaintiff testified that the Chief of Medicine at Detroit Receiving Hospital, Dr. Robertson, approached him and asked if he would consider the position of head of Pulmonary Medicine at Receiving Hospital, that plaintiff said he would, that Dr. Robertson told plaintiff that he, plaintiff, should speak to Dr. Fisher about it, and that when plaintiff spoke to Dr. Fisher about it, Dr. Fisher would not recommend him because, in Dr. Fisher's words, plaintiff was "not politically correct" for that position because he was South African. Plaintiff also presented evidence that Dr. Fisher appointed an African-American female, Dr. Myers, to a post at Detroit Receiving, whom plaintiff asserted was less qualified and less experienced than he. Although Dr. Myers was hired to work with plaintiff in his asthma program, plaintiff was not consulted. Plaintiff testified that in various ways, Dr. Myers undermined him and did not work "with" him on the asthma project, but struck out on her own, and that Dr. Fisher told him that if he, Dr. Fisher, took plaintiff's side against Dr. Myers, he (Dr. Fisher) would be "a dead man." Plaintiff also testified that Dr. Fisher asked him to employ a woman at his asthma clinic, and that plaintiff responded that the clinic was still in its infancy and there was not enough work yet to justify hiring someone. Plaintiff testified that Dr. Fisher responded by saying that he thought the woman, who was African-American, "puts a far better face on inner-city asthma than you do." Plaintiff also testified that when the DMC bought Sinai Hospital, Dr. Fisher said to him "perhaps we should get you assigned to Sinai. I think you might feel more comfortable there than you do here." Plaintiff also testified that Dr. Fisher told him that he affected the department negatively by not working on the Jewish Sabbath. Dr. Jack Sobel, WSU's chief of infectious diseases and the person who hired Dr. Fisher, testified at deposition that plaintiff spoke
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