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Woolsey v. Delta Disposals10/26/2005
Before BROWN, GASKINS and MOORE, JJ.
Malcom and Crystal Woolsey appeal from a judgment dismissing their lawsuit against Mr. Woolsey's former employer, Delta Disposals, L.L.C. The trial court concluded that the employer was entitled to summary judgment on the issue of retaliatory discharge. We affirm.
FACTS
Malcom Woolsey was employed as a truck driver for Delta Disposals, L.L.C. ("Delta"). On December 18, 2001, Mr. Woolsey was driving his truck when the cab began to fill with smoke. Although Mr. Woolsey was able to put out the fire, he inhaled smoke that injured his lungs. His employer instructed him to finish his route. He sought medical care on December 21, 2001, and his doctor told him not to return to work until released.
During Mr. Woolsey's absence, Delta hired a substitute driver for his route. According to the affidavit of one of Mr. Woolsey's co-workers, Bryan Walters, the work performance of the substitute driver was superior to that of Mr. Woolsey. In addition, Mr. Walters said that he had frequently complained to supervisors about Mr. Woolsey's work performance in the past and about Mr. Woolsey's alleged inability to get along well with the other Delta drivers. Mr. Walters said that the substitute driver got along with the other drivers at the workplace.
Mr. Woolsey's supervisor at Delta was James Woodall. In an affidavit, Mr. Woodall said that he did not find Mr. Woolsey's work performance to be satisfactory; in particular, he said that Mr. Woolsey did not work as hard as the other drivers and did not get along with the other drivers. Mr. Woodall said that the other drivers frequently complained about Mr. Woolsey. He also said that the substitute driver hired while Mr. Woolsey was on medical leave was superior to Mr. Woolsey in both work performance and in his ability to get along with the other drivers.
Mr. Woodall's supervisor at Delta, Max Nappier, testified at his deposition that Mr. Woodall "constantly" came to him with complaints about Mr. Woolsey concerning " ustomers complaining, other drivers complaining, and not showing up at work, not carrying his [fair share] of the load." Mr. Nappier admitted that there were no notes or specific records of these complaints; there was, in essence, no personnel file kept for Mr. Woolsey or, apparently, for any employee. However, he personally saw Mr. Woolsey interacting with the other drivers in the morning and said, "I never saw them fighting, but I seen them want to. . . . They was always yah-yahing back and forth between each other."
Mr. Woolsey returned to work on January 7, 2002, and worked that entire day driving a truck. At the end of the day, Mr. Woodall fired Mr. Woolsey. On January 22, 2002, Mr. Woolsey and his wife filed suit against Delta in the district court seeking damages for the alleged wrongful discharge of Mr. Woolsey. He alleged his termination was not due to his work performance but was instead due to his demand for medical payments for treatment of his injury.
Delta responded with a motion for summary judgment and attached the above-cited deposition and affidavits. Mr. Woolsey responded with an opposition. To his opposition, Mr. Woolsey attached a portion of the deposition of his doctor, Dr. Ralph Abraham, who diagnosed Mr. Woolsey with reactive airway disease. Mr. Woolsey also attached two pages from his own deposition. He related in his deposition that he immediately questioned his supervisor about his termination and its relation to his work-related injury. He also said that his employer had paid his medical bills for treatment of the injury but had called him during his convalescence asking him to come back to work. He also at
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