United States District Court, N.D. Mississippi, Aberdeen Division
DANNY L. GRIMES, Plaintiff,
BNSF RAILWAY COMPANY, Defendant.
ORDER DENYING MOTION FOR SUMMARY JUDGMENT
DAVID A. SANDERS, Magistrate Judge.
This matter is before the court on the defendant's renewed motion for summary judgment. After considering the motion and the response, the court finds as follows:
FACTS AND CASE HISTORY
Danny Grimes was injured on April 18, 2012, while working for BNSF Railway Company. He reported his injury, and after an investigation and administrative hearing, the hearing officer found he had been dishonest regarding the circumstances surrounding his accident. BNSF then terminated Grimes, and he filed an administrative appeal. While the adjudicative body agreed that Grimes had been dishonest, it ordered him reinstated, but without compensation for time lost.
Grimes then filed this action for retaliation under 49 U.S.C § 20109, which prohibits railroad carriers from discharging employees for notifying the railroad that they have sustained a personal injury. This court originally granted summary judgment for the defendant, holding that the administrative finding- that Grimes had been dishonest- was entitled to preclusive effect in this action. On appeal, the Fifth Circuit Court of Appeal reversed, holding that collateral estoppel did not apply because the decision made at the administrative level was made without neutral arbitrators. Grimes v. BNSF Ry. Co., 746 F.3d 184, 190 (5th Cir. 2014). In other words, "because it was the railroad that conducted the investigation and hearing and terminated Grimes, and because the PLB only reviewed a closed record, the procedures were not adequate for collateral estoppel to apply." Id.
The defendant has now renewed its motion for summary judgment and argues, that even without giving preclusive effect to the administrative findings, there is no dispute of material fact and it is entitled to summary judgment. Its primary argument is that the record shows beyond dispute that it discharged Grimes for being dishonest about the accident, not because he was injured. BNSF points out that it also fired two uninjured employees involved in the accident, also for falsely reporting the circumstances surrounding the accident. This fact, it argues proves Grimes would have been fired anyway and that his injury was not a factor in its decision to terminate him. On the other hand, Grimes has testified that he sustained a head injury that left him confused and impaired his memory around the time of the accident and that he was not sure how the accident happened. He attributes the reported discrepancies in his report of injury to confusion and disorientation arising from his injuries, and denies any deliberate misrepresentation or withholding any information.
Summary judgment must be granted "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(a). Rule 56 requires that materials supporting or opposing the motion be admissible at trial.
Summary judgment is proper "where a party fails to establish the existence of an element essential to his case and on which he bears the burden of proof. A complete failure of proof on an essential element renders all other facts immaterial because there is no longer a genuine issue of material fact." Washington v. Armstrong World Indus., 839 F.2d 1121, 1122 (5th Cir. 1988) (citing Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986)). If the party with the burden of proof cannot produce any summary judgment evidence on an essential element of his claim, summary judgment is required. Geiserman v. MacDonald, 893 F.2d 787, 793 (5th Cir. 1990).
The moving party must make an initial showing that there is no dispute of material fact or that there is a failure of proof of an element of the claim. If this showing is made, the nonmoving party must go beyond pleadings and submit specific evidence showing that there are one or more genuine issues of fact to be resolved by trial. In the absence of proof, the court does not "assume that the nonmoving party could or would prove the necessary facts." Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994)(emphasis omitted). While all facts are considered in favor of the nonmoving party, including all reasonable inferences therefrom, Banc One Capital Partners Corp. v. Kneipper, 67 F.3d 1187, 1198 (5th Cir. 1995), the nonmovant has the burden in responding to summary judgment to designate sufficient facts to show a material dispute to be resolved by trial.
This burden is not satisfied with "some metaphysical doubt as to the material facts, " Matsushita, 475 U.S. at 586, 106 S.Ct. at 1356, by "conclusory allegations, " Lujan, 497 U.S. at 871-73, 110 S.Ct. at 3180, by "unsubstantiated assertions, " Hopper v. Frank, 16 F.3d 92 (5th Cir.1994), or by only a "scintilla' of evidence, " Davis v. Chevron U.S.A., Inc., 14 F.3d 1082 (5th Cir. 1994). Little, 37 F.3d at 1075.
A dispute regarding a material fact is "genuine" if the evidence is such that a reasonable jury could return a verdict in favor of the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248(1986). Summary judgment is appropriate if "critical evidence is so weak or tenuous on an essential fact that it could not support a judgment in favor of the nonmovant." Armstrong v. City of Dallas, 997 F.2d 62 (5th Cir. 1993). If the nonmoving party fails to meet this burden, the motion for summary judgment must be granted.
To prevail in the present action, the plaintiff must show, among other things, that his actions leading to his termination constituted "protected activity." In this case, that activity would be reporting a job-related personal injury but reporting in good faith. 49 U.S.C. § 20109(a). BNSF argues Grimes cannot prove this element of his claim because he made material misrepresentations to his employer about how he was hurt. The defendant points to the testimony of Brian Hauber, its train master, who conducted the field investigation. Hauber testified that Grimes initially reported that he must have misstepped and fallen or fallen while traversing between engines. Grimes was, in fact, knocked to the ground in a "rough ...