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MOYER v. ALLEN FREIGHT LINES12/2/1994
REPORTER'S NOTE: The Supreme Court granted the parties' petition for review and cross-petition for review on February 8, 1995. Prior to the Supreme Court's reaching a decision on the merits, the parties settled and the case was dismissed on April 13, 1995.
This appeal arises from wrongful discharge actions brought by plaintiffs Sherri Kay Moyer (Kay) and Jon R. Moyer (Jon), husband and wife, against Allen Freight Lines, Inc. (Allen Freight). Allen Freight appeals, contending the trial court erred by denying its motion for directed verdict on plaintiffs' retaliatory discharge claims and Kay's claim for punitive damages.
In early February 1992, both plaintiffs were terminated by Allen Freight Lines. At that time, Kay and Jon were city drivers on
the Riverside route, which involved transporting car seats from the Riverside seat plant to the General Motors plant in the Fairfax District of Kansas City, Missouri.
Kay went to work for Allen Freight in August 1989, as a truck driver. When she was terminated on February 6, 1992, she was the most senior driver on the Riverside route. At various times during her employment, Kay observed certain equipment failures that occurred to her truck and she reported those failures to Allen Freight's management. She also complained to Allen Freight's management about excessive overtime hours worked by the drivers. Jon was hired in June 1991 as a city driver and was eventually assigned to the Riverside route in late June 1991.
When General Motors would temporarily shut down its manufacturing plant, Allen Freight would lay off drivers on the Riverside route. During that period, Allen Freight would call in the laid-off drivers if any temporary driving work became available. On February 3, 1992, during a temporary layoff, Jon was called into work and was asked to clean the battery cables of a truck. Believing he lacked the necessary clothing and tools to do the job, he refused to perform the work. As a result of his refusal, Jon was terminated.
In early January 1992, Allen Freight learned General Motors intended to reduce its work force to one shift at the Fairfax plant in March. In response, Allen Freight planned to reduce its Riverside route shifts from two to one, and on February 6, 1992, Kay was terminated.
Plaintiffs then brought their retaliatory discharge actions. Kay alleged that she had been wrongfully terminated in retaliation for: (1) filing a workers compensation claim; (2) being absent from work due to illness; (3) making complaints to management about Allen Freight's infractions which affected public health, safety, and welfare; and (4) filing a claim for unemployment benefits. Jon alleged he had been wrongfully terminated in retaliation for: (1) his filing a claim for unemployment benefits; and (2) his wife's persistent complaints to management.
After presentation of plaintiffs' evidence, Allen Freight moved for directed verdict on all claims. The trial court denied this motion
except for Kay's claim of being absent from work due to illness. The trial court granted plaintiffs' motion to allow the jury to determine if plaintiffs were entitled to punitive damages.
The jury awarded Kay $15,500 and Jon $12,000 in actual damages, and following a separate hearing, the court awarded Kay $40,000 in punitive damages. Allen Freight timely appealed.
Allen Freight argues the trial court erred in failing to grant its motion for directed verdict on Kay's claim of retaliatory discharge. Allen Freight contends Kay's alleged complaints do not pertain to the public health, safety, and general welfare concerns protected by the tort of
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