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Speakman v. Ada Ferrell Garden Apartments5/30/2000
Ollie Speakman, Jr., an employee of Ada Ferrell Garden Apartments, appeals the summary judgment granted by the Circuit Court in favor of his employer. Mr. Speakman filed a complaint against his employer after he was discharged alleging that his employer discharged him in retaliation for filing a worker's compensation claim. The employer filed a summary judgment motion, which was granted by the Circuit Court. We affirm the Circuit Court and remand for collection of costs.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed and Remanded
Goddard, P.J., delivered the opinion of the court, in which Franks, and Swiney, JJ. joined.
OPINION
The Appellant, Ollie Speakman, Jr. was employed as a maintenance supervisor by the appellees, Ada Ferrell Garden Apartments and Morris Property Management, Inc., from July 1992 through January 1993. In late November 1992, Mr. Speakman fell down a flight of stairs at Ada Ferrell while posting notices on tenants' doors. He filed a claim for worker's compensation. In January 1993, the resident manager of Ada Ferrell, Elizabeth Stubblefield, terminated Mr. Speakman's employment. Mr. Speakman filed a complaint in the Circuit Court of Coffee County alleging that he was terminated in retaliation for filing a worker's compensation claim. The appellees filed a motion for summary judgment, which was granted by the Circuit Court. Mr. Speakman argues on appeal that the trial court erred in granting summary judgment because there are material facts in dispute.
The parties and their witnesses testified by deposition as follows:
OLLIE SPEAKMAN, JR.
He was hired as a maintenance supervisor for Ada Ferrell Garden Apartments on July 20, 1992. He signed a job description sheet of a maintenance supervisor as a condition of employment. As part of his job, he was required to have some knowledge of heating and air conditioning. His field of expertise is electrical, such as repairing light switches. Prior to his employment with Ada Ferrell Garden Apartments, he had performed plumbing work, roof work, carpentry and appliance work. Most of his work experience was acquired at Tullahoma Housing. He has an electrical contractor's license from the State of Tennessee.
As maintenance supervisor, he was responsible for his own work and the work of his assistant, Tom Bennett. On October 30, 1992, Ms. Stubblefield evaluated his job performance. She told Mr. Speakman that he needed to improve his job performance in certain areas. Mrs. Lynn, the property manager, said he might receive a raise after 90 days, but he did not receive a raise after this evaluation. Mr. Speakman believed that he did not receive a raise because his beginning pay rate was too high.
On November 25, 1992, the day of the worker's compensation injury, Mr. Speakman and Mr. Bennett were on a general cleanup assignment and posting handouts on tenants' doors. After posting handouts on two apartment doors at approximately 8:15 a.m., Mr. Speakman fell down a flight of stairs sustaining a lower back injury. At approximately 8:30 a.m., Mr. Speakman informed Ms. Stubblefield, the resident manager of Ada Ferrell Garden Apartments, about his fall. He filled out paperwork describing the injury and gave the paperwork to Ms. Stubblefield. The next morning, Mr. Speakman's son took him to the emergency room. Mr. Speakman called work the day after his emergency room visit and talked to Ms. Stubblefield or Tonya, the assistant manager. He asked for information on a worker's compensation doctor. After he was given a list of doctors, he made an appointment with Dr. George Lien in Murfreesboro. Dr. Lien told Mr. Speakman to w
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