 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Webb v. Shoe City9/20/2000
he plaintiff denied that she was aware that her doctor had released her to return to work without restrictions, and she testified that she never saw anyone on light work duty at Shoe City. She never applied for any other positions.
As a result of her injury , the plaintiff stated that she is unable to do housework, sit for very long without pain, or walk very far without experiencing spasms in her left leg. She testified that she is very nervous and does not sleep well due to pain. The only medication prescribed by her doctor is Extra Strength Tylenol. The plaintiff testified that she believes she is 75 percent disabled. In her managerial position, she was trained to run the cash register, do the store payroll, schedule employees, and make decisions relevant to employee disputes. The plaintiff stated that she can read and write well, add and subtract well, and communicate well with others.
The plaintiff's daughter, Kimberly M. Haynes, testified at trial that her mother was physically active before the back injury at work but has to have help with daily chores now. Her testimony essentially supported her mother's regarding the plaintiff's problems with sitting and walking.
Larry Donnell Pfeiffer, a family friend, also testified for the plaintiff. His testimony supported that of the plaintiff and her daughter as to the plaintiff's lack of ability to do her usual daily activities unassisted due to pain.
David H. Bowser, Shoe City's District Manager, testified for the defendants. He stated that he came to Memphis in November of 1995, after the plaintiff's injury had occurred. As the plaintiff's supervisor, it was his duty to find work that she was able to do upon her release from her doctor. The plaintiff's duties as a store manager included a 45 hours per week position that required staffing the store, supervising employee schedules and work loads, handling payroll, and making sure the general maintenance of the store was properly kept. According to Mr. Bowser, lifting cases of shoes was not the manager's duty alone, since she would delegate this as part of the work assignments for the entire staff.
Mr. Bowser stated that he met with the plaintiff on February 6, 1996, at approximately 11:30 a.m. at the Southhaven, Mississippi, store to discuss her return to work. He stated that the plaintiff gave him a note from her doctor and told him she was not able to return to work at that time. Mr. Bowser further explained, "And I told her that I was sure that our offices would be in contact in the future but also that she could feel free to contact me when this situation with the doctor was completed." Mr. Bowser stated that he understood that the plaintiff had agreed to contact him. He made a record of the meeting on the company form at or near the time of the meeting which stated:
Ms. Webb handed me a note from Dr. Harrie Friedman which stated that her return to work could be after the "completion of work hardening program." Ms. Webb stated to me that the completion would be Friday 2-9-96. She agreed to come to my office on Monday 2-12-96 to discuss her future employment with our company.
Mr. Bowser testified that Dr. Friedman's note prevented him from offering the plaintiff a job at their meeting. The plaintiff did not contact Mr. Bowser on February 12; nor was he aware of any attempts by the plaintiff to contact anyone else at Shoe City about returning to work. Mr. Bowser testified that he submitted a list of stores where the plaintiff could work to the corporate office. The plaintiff was to be offered a position as an assistant manager, since all manager positions were full at that time. The physical requirements of the job were to b
Page 1 2 3 4 5 6 7 8 9 Tennessee Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|