Watkins v. J & S Oil
Case Date: 12/30/1998
Court: United States Court of Appeals
Docket No: 98-1002
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For the First Circuit ____________________ No. 98-1002 DAVID WATKINS, Plaintiff, Appellee, v. J&S OIL COMPANY, INC., Defendant, Appellant. ____________________ No. 98-1003 DAVID WATKINS, Plaintiff, Appellant, v. J&S OIL COMPANY, INC., Defendant, Appellee. ____________________ APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE [Hon. Morton A. Brody, U.S. District Judge] [Hon. Eugene W. Beaulieu, U.S. Magistrate Judge] ____________________ Before Torruella, Chief Judge, Wellford, Senior Circuit Judge, and Lynch, Circuit Judge. _____________________ Joseph J. Hahn, with whom Kate S. Debevoise, Glenn Israel and Bernstein, Shur, Sawyer & Nelson were on brief, for J&S Oil Company, Inc. Cynthia L. Amara and New England Legal Foundation on brief for the Maine Chamber and Business Alliance and the New England Legal Foundation, amici curiae. Francis M. Jackson, with whom Jackson & MacNichol was on brief, for David Watkins. ____________________ December 30, 1998 ____________________ WELLFORD, Senior Circuit Judge. Plaintiff David Watkins was employed as a gas station manager for defendant J&S Oil Co., Inc. ("J&S"). In August of 1994, he suffered a heart attack and subsequently had open heart surgery. After he had been home on leave for about two weeks recuperating from surgery, J&S called Watkins, asked him whether he intended to return to work, and informed him that he had been replaced in his position as station manager. After Watkins had completed the leave, claimed under the Family and Medical Leave Act ("FMLA"), 29 U.S.C. 2601, et seq., he did not return to work for J&S in any capacity. Watkins sued J&S pursuant to the FMLA and also the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12101, et seq., as well as under state law for infliction of emotional distress. The district court granted J&S's motion for summary judgment on both the ADA and the state law claims, but denied the motion with respect to Watkins's FMLA claim. The FMLA claim was tried to a jury, which found in favor of Watkins. J&S now appeals the district court's denial of its motion for summary judgment and its motion to vacate that judgment. Watkins appeals the district court's granting of J&S's motion for summary judgment on the ADA and state law claims. At all pertinent times, J&S operated three gas stations in Maine. J&S hired Watkins in 1992 as a gas attendant at its Farmingdale station, although Watkins had informed J&S that he had previously experienced a heart attack. In August of 1993, J&S promoted Watkins to station manager. During July of 1994, however, Watkins had another heart attack which caused him to be out of work for about five weeks. Despite the second heart attack, he returned to work with no restrictions. On September 17, 1994, Watkins suffered still another heart attack and subsequently underwent surgery for his condition. On October 3, 1994, while Watkins was on leave recuperating from surgery, the Human Resources Officer for J&S, Wade Look, called Watkins regarding whether and when Watkins intended to return to work. Watkins testified as follows about that conversation (in part): Q. Okay. So he asked you, are you planning to return to J&S Oil. What did you say to him? WATKINS: Do I still have a position as store manager. Q. Okay. And what was his response? WATKINS: No, you don't. Q. Okay. Then what. WATKINS: He said, you have been replaced. Q. Okay. As store manager? WATKINS: Yes, sir. Q. All right. So still you have the question hanging, do you plan to return to J&S. What was your answer to that? WATKINS: I asked him again if my job as store manager was available. Q. Okay. And he said? WATKINS: No. Q. So what did you say? WATKINS: I asked him what he expected me to do at this point in time as far as -- as work, and he said that in order to return that he was not going to accept a doctor's note, that they would only speak to the doctor personally, and that would be the only way they would let me return. At the time of that conversation, Watkins did not, in fact, know when he would physically be able to return to work. Later in October, Watkins was examined by his doctor, but he could not recall what the doctor had told him regarding his ability to return to work. About a month after the third attack, Look again called Watkins to ask how he was feeling and whether he intended to return to J&S. Watkins asked again whether his position as store manager was available, and Look indicated that it was not, and Watkins testified as to the following conversation: Q. Did you ask him what jobs there were available for you at J&S? WATKINS: No. Q. All right. Did he tell you what jobs were available to you at J&S? WATKINS: He mentioned that there would be an office job that I could bid on but was not a guarantee that I would get the job. Q. And what was that job? WATKINS: I have no idea. Q. Did that interest you at all? WATKINS: Yes. Q. So did you ask him what the job was? WATKINS: No. Q. Why not? WATKINS: Because he wasn't sure what the position exactly was. There was no job description, according to him, at that particular point in time. Q. So tell me what you asked him and what he told you about that job. . . . WATKINS: That they were expanding and that there would be a job available in the office and I would be able to bid on it. Q. Did you ever bid on it? WATKINS: No, sir. Q. Is there a reason why you didn't bid on it? WATKINS: It never came available between that conversation and November 7th. Q. Did you explore that job with him at any time? WATKINS: No. Q. Did you ever discuss it again other than that two or three little sentences you just described? WATKINS: No, sir. Q. Did he discuss any other jobs with you? WATKINS: Yes. Q. What other jobs . . . on this telephone call? . . . WATKINS: He said that there was a possibility but no guarantees that he might be able to put me as a gas attendant on third shift in Winslow. Q. Okay. Did he say anything to you about your salary? WATKINS: I asked him was it going to be at the same rate of pay and he said no. Q. Okay. This was what, the Winslow job or the office job? WATKINS: The Winslow job. Q. What about the office job? WATKINS: Nothing ever was discussed again. On November 7, 1994, Look called Watkins a third and final time to notify Watkins that the company would no longer pay for his insurance because his leave had then expired, and also to find out whether Watkins was planning to go back to work. Watkins again asked if his store manager job was available, and Look informed him that it was not. At that point, Watkins said, "I think we're going to part company." Watkins's position at that point was that he wanted the store manager position or nothing; Watkins stated that he had decided not to accept any job other than that of store manager. I. FAMILY AND MEDICAL LEAVE ACT CLAIM As indicated above, the district court denied J&S's motion for summary judgment on the FMLA claim. Also, the court denied J&S's motion for a judgment as a matter of law pursuant to Fed. R. Civ. P. 50(a) which was made during the trial. The jury then returned a verdict in Watkins's favor for $43,000, the stipulated amount of damages. J&S filed a timely motion to vacate the judgment on this verdict pursuant to Fed. R. Civ. P. 59(e), which was also denied. On appeal, J&S claims that the district court erred in failing to grant summary judgment on the FMLA claim and in failing to grant its motion to vacate the final judgment. As stated above, the district court defeated all of J&S's attempts for a favorable decision on the FMLA claim. J&S failed to renew its motion for a judgment as a matter of law at the close of proof, so the denial of that motion is not properly before the court. Simon v. Navon, 71 F.3d 9, 13 (1st Cir. 1995). Since the case proceeded to trial, denial of the defendant's motion for summary judgment will not be separately addressed. Lama v. Borras, 16 F.3d 473, 476 n.5 (1st Cir. 1994). We shall review the district court's denial of the motion to vacate the judgment, following the jury verdict, for an abuse of discretion. Simon, 71 F.3d at 13 (citing S |