Lambeau v. Grand Island Express, Inc.

1

JOANNA LAMBEAU, Plaintiff, v. GRAND ISLAND EXPRESS, INC., Defendant.

Civil Action No. 3:23-0438

United States District Court, S.D. West Virginia, Huntington Division

July 16, 2024

MEMORANDUM OPINION & ORDER

ROBERT C. CHAMBERS, UNITED STATES DISTRICT JUDGE.

Before the Court is Defendant's Motion for Summary Judgment. See ECF No. 22. Upon review, the Court GRANTS the Motion.^[1]

BACKGROUND

Defendant Grand Island Express, Inc. provides temperature-controlled transportation throughout the eastern United States. See Def.'s Mem., Ex. B ¶ 3 (“Mowrey Decl.”). In September 2012, Grand Island hired Joanna Lambeau as a truck driver. See Def.'s Mem., Ex C at 54:24-55:5 (“Lambeau Dep.”). She was as an at-will employee. See Mowrey Decl. ¶ 6; Def.'s Mem., Ex. B.1 at 8 (“[B]oth Grand Island Express and the employee are free to terminate the employment relationship at any time for any or no reason.”); id., Ex. B.2 at 144 (same). In March 2023, Grand Island fired Lambeau. See Mowrey Decl. ¶ 24.

This case is about the reason for her termination.

I

Lambeau showed promise as an employee. Between September 2012 and November 2022, she saw her pay increase nearly every year. See Def.'s Mem., Ex. D at 14:8-15:5 (“Mowrey Dep.”) (explaining pay increases every year of experience “up to 10-plus years, which is max pay”); Pl.'s Mem., Ex. 3 at 1-2 (increases in 2018 and 2019); id., Ex. 4 at 1 (increase in 2020); id. at 2 (increase in 2021). But see id. Ex. 5 at 2 (no increase in 2022 because “[r]isk score” and “[i]dle time” were “extremely high”).

During this period, Lambeau also received several awards for her safe driving. In 2019, the Nebraska Trucking Association awarded Lambeau the President's Safe Driver's Club Award for two years of no accidents or citations while driving. See id., Ex. 6. In September 2022, the NTA gave Lambeau another President's Safe Driver's Club Award-this time for three years of no accidents or citations. See id., Ex. 7. On November 25, 2022, Grand Island itself welcomed Lambeau into its “elite” Million Mile Safe Driving Club-a “great accomplishment.” Id., Ex. 8.

In her performance reviews, Lambeau received mostly “Meets Expectations.” See id., Ex. 3 at 1-2 (receiving “Meets Expectations” in 17/20 categories); id., Ex. 4 at 1-2 (15/20); id., Ex. 5 at 1-2 (14/20). Grand Island also repeatedly praised her for little to no delivery failures. See id., Ex. 3 at 2 (no delivery failures); Ex. 4 at 2 (“Joanna does a great job booking on loads and getting the best choice in miles); Ex. 5 at 2 (“[v]ery low service failures which is great”).

Still-Lambeau was not perfect. As time passed, she received more “Needs Improvements” in her performance reviews. See id., Ex. 3 at 1-2 (three in 2019); id. Ex. 4 at 12 (five in 2021); id., Ex. 5 at 1-2 (six in 2022). Grand Island also encouraged Lambeau to reduce her “idle time” to less than 10% in three different reviews to no avail. See id., Ex. 3 at 3 (19.87% in 2018 and 13.56% in 2019); id., Ex. 4 at 2 (33.33% in 2021); id., Ex. 5 at 2 (43.1% in 2022).

Finally Lambeau had a history of incidents. See Def.'s Mem., Ex. B.3 at 183 (noting seventeen “accidents” prior to November 30, 2022). Between 2018 and 2022 alone, Lambeau had two flat tires, two preventable “crashes,” one preventable “incident,” and a run-in with a broom-handle. See id., Ex. 4 at 4; id., Ex. 5 at 3. Given this history, Grand Island placed Lambeau in its highest risk category two years in a row. See id., Ex. 4 at 4 (2021); id., Ex. 5 at 4 (2022).^[2]

II

On November 30, 2022, Lambeau found herself in a dead end on a delivery trip. See Lambeau Dep. at 67:20-68:5. While turning around, she got her trailer stuck “on a mound of gravel.” Id. at 68:7-9. Eventually, a tow truck pulled her back on the road. See Mowrey Decl. ¶ 18. See also Lambeau Dep. at 70:19-71:1. When Lambeau tried to continue her delivery, she got stuck again by hitting a viaduct under a bridge. See id. at 71:19-72:2. See also Mowrey Decl. ¶ 19. A tow truck helped her get free. See Lambeau Dep. at 71:23-24. Lambeau reported both incidents to Grand Island. See Def.'s Mem., Ex. B.3 at 183, 194-95.

On March 6, 2023, Lambeau ran into trouble again. She failed to conduct a post-trip inspection after parking her truck. See Mowrey Decl. ¶ 20; Lambeau Dep. at 74:17-20. As a result, she failed to report a flat tire and damage to her truck's mudflap and mudflap brackets. See Mowrey Decl. ¶ 20; Lambeau Dep. at 74:23-75:10. Later the same day, Lambeau hit an electrical power box in Grand Island's company yard. See id. at 75:22-76:7; Mowrey Decl. ¶ 23. She did not report the incident to Grand Island. See id. ¶ 24; Mowrey Dep. at 68:5-8 (“[T]he last accident [with] the electrical box, that was reported to me by the shop, not her.”).

Grand Island summarized all three incidents in Motor Accident Reports. Each Report lists Lambeau's age, but no birthdate. See Def.'s Mem., Ex. B.3 at 183 (tow truck incidents); id., Ex. B.4 at 201 (tire incident); id., Ex. B.5 at 207 (power box incident).

III

On March 12, 2023, Lambeau turned sixty-five. See Lambeau Dep. at 96:12-13; Pl.'s Mem., Ex. 11 at 2 (listing birthdate). The next day, Safety Director Lucas Mowrey terminated her. See Mowrey Decl. ¶¶ 2, 26.

IV

The parties dispute why the termination occurred. Mowrey maintains he fired Lambeau for multiple safety policy violations in a short period of time. See Mowrey Dep. at 79:1-21; 80:23-82:3. He claims he did not review Lambeau's performance reviews, age, or birthdate before the termination. See Mowrey Decl. ¶¶ 28-31.

Instead, he cites Grand Island's Driver's Manual. According to the Manual, drivers must report all “accidents” or “collisions” involving a truck to Grand Island. See Ex. B.2 at 158 (“Report immediately, to your Fleet Manager, Safety Department, and Worker's Compensation ALL job-related accidents, no matter how minor.”); 167 (“Call the Safety Department [i]mmediately no matter how minor the collision is.”); 168 (“If you are in an accident or have damage to report, ALWAYS contact safety first so they can start a report.”).^[3]

Once reported, Grand Island reviews the incident. See id. at 166. Grand Island then-“in the discretion of management”-may punish a driver in several ways. Id. at 164. It may issue an oral or written warning. See id. It may place the driver on probation. See id. It may suspend or disqualify the driver. See id. Or-as relevant here-it may terminate the driver. See id. The “imposition of any particular method of discipline” does not “bind management in future disciplinary actions.” Id. See also id. at 166 (listing similar punishments).

Lambeau sees things differently. She contends Mowrey fired her because of her age. She cites five pieces of evidence. First, she cites her positive performance reviews and awards. See Pl.'s Resp. at 12-13. Second, the owner of Grand Island saw her with a cane two weeks before her termination, see Lambeau Dep. at 95:22-24, and other employees knew she was going on Medicare shortly after turning sixty-five, see id. at 96:2-5. Third, for “the last year, year and half” before her termination, “new drivers who [were] getting paid less were getting the miles.” Id. at 96:6-9. Fourth, her termination occurred the day after her she turned sixty-five. See id. at 96:12-17. Finally, Grand Island placed four drivers on probation for speeding and one driver on probation after he failed to report an accident. See Pl.'s Resp. at 8.

LEGAL STANDARD

Summary judgment is appropriate if the moving party shows “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Variety Stores, Inc. v. Wal-Mart Stores, Inc., 888 F.3d 651, 659 (4th Cir. 2018) (quoting Fed.R.Civ.P. 56(a)). A fact is “material” if it “might affect the outcome of the suit under the governing law.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute is “genuine” if a “reasonable jury could return a verdict for the non-moving party.” Id. at 248.

The Court does not resolve disputed facts, weigh the evidence, or make determinations of credibility. See Russell v. Microdyne Corp., 65 F.3d 1229, 1239 (4th Cir. 1995); Sosebee v. Murphy, 797 F.2d 179, 182 (4th Cir. 1986). Instead, the Court draws all permissible inferences from the facts in the light most favorable to the nonmoving party. See United States v. Diebold, Inc., 369 U.S. 654, 655 (1962). Still, “[w]hen opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jury could believe it, a court should not adopt that version of the facts.” Scott v. Harris, 550 U.S. 372, 380 (2007).

ANALYSIS

In her Complaint, Lambeau brings two claims under the West Virginia Human Rights Act against Grand Island: disability discrimination and age discrimination. See Compl. ¶¶ 19-36. Defendants move for summary judgment on both claims. See Def.'s Mem. at 15.

I

In Count I, Lambeau alleges Grand Island unlawfully terminated her because she had a “knee injury that limited her ability to perform tasks of daily living.” Compl. ¶ 21.

In her Response to Defendant's Motion & Memorandum for Summary Judgment, Lambeau “withdraws” this claim. Pl.'s Resp. at 2 n.1.

Accordingly the Court DISMISSES WITH PREJUDICE Count I.

II

In Count II, Lambeau alleges Grand Island unlawfully terminated her because of her age in violation of the West Virginia Human Rights Act. See Compl. ¶ 34.

West Virginia is an employment-at-will jurisdiction. Blanda v Martin & Seibert, L.C., 836 S.E.2d 519, 523 (W.Va. 2019). Under this “long-standing” doctrine employees “serve at the will and pleasure of their employer.” Id. They can be fired at “any time, with or without cause,” absent a contract or statute to...