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Couch v. City of Rainbow City12/17/2004
ounseling regularly for five months following her breakdown. Couch testified that there are no lingering effects from her breakdown and that no restrictions have been imposed on her that prevent her from returning to work.
Couch has a history of psychological problems. In 1995, Couch sought help from a psychologist after her stepson threatened her life. Couch began taking prescription medication after that incident; she regularly took Effexor and Xanax for six years following the incident with her stepson. However, Couch returned to work after that incident.
Dr. Daniel Doleys, a clinical psychologist, conducted an evaluation of Couch in February 2003 and April 2003. Following his evaluation, Dr. Doleys concluded that Couch met the criteria for PTSD; he observed that Couch had not been physically injured. Dr. Doleys noted that the precipitating stimulus for the PTSD was the death of the police officer in 1998 and the suicide of Roy. He further explained that Couch's exposure to stress precipitated the PTSD. Dr. Doleys testified that an abusive relationship and threats of death or bodily harm could also contribute to PTSD. According to Dr. Doleys, Couch had been in an abusive relationship in her first marriage, and she had been threatened with physical harm by her stepson.
According to Dr. Doleys, Couch appeared motivated to return to "functioning" but could suffer a relapse. Dr. Doleys opined that Couch would be at a greater risk of relapsing if she returned to work as a dispatcher for the City. Dr. Doleys noted that PTSD has not been classified as a disease. Dr. Doleys opined that, in her employment as a dispatcher, Couch was exposed to experiences and encounters in excess of those ordinarily incident to employment in general. Dr. Doleys testified that he believed Couch had not reached maximum medical improvement.
Dr. Billy McCroskey, a vocational expert and a rehabilitation economic consultant, testified that Couch's job as both a dispatcher and telecommunicator exposed Couch to stress greater than that found in other employment or occupations generally. Dr. McCroskey referred to The Dictionary of Occupational Titles in reaching his conclusion. According to that book, the dispatcher and telecommunicator positions are both identified as occupations with "significant" amounts of stress. Dr. McCroskey noted that he did not consider or compare the stress of a dispatcher in a large city versus that of a dispatcher in a small city. He further admitted on cross-examination that death or serious injury to a co-worker is possible in any job.
A motion for a summary judgment is properly granted where no genuine issue of material fact exists and the moving party is entitled to a judgment as a matter of law. Rule 56, Ala. R. Civ. P.; Bussey v. John Deere Co., 531 So. 2d 860 (Ala. 1988). "When the movant makes a prima facie showing that those two conditions are satisfied, the burden shifts to the non-movant to present 'substantial evidence' creating a genuine issue of material fact." Ex parte Alfa Mut. Gen. Ins. Co., 742 So. 2d 182, 184 (Ala. 1999) (quoting Bass v. SouthTrust Bank of Baldwin County, 538 So. 2d 794, 797-98 (Ala. 1989)). "Substantial evidence" is "evidence of such a weight and quality that fair-minded persons in the exercise of impartial judgment can reasonably infer the existence of the fact sought to be proved." West v. Founders Life Assurance Co. of Florida, 547 So. 2d 870, 871 (Ala. 1989). In reviewing a summary judgment, this court must review the record in a light most favorable to the non-movant and must resolve all reasonable doubts concerning the existence of a genuine issue of material fact against the movant. Hanners v. Balfour Guthrie, Inc., 5
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