 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Brandenburger v. Hilti3/27/1989
KRUPANSKY, P.J.
Plaintiff Richard Brandenburger filed a complaint in Cuyahoga County Common PleasCourt, case number 81269, against defendant Hilti, Inc. Plaintiff's second amended complaint alleged: (1) breach of an implied employment contract; (2) reckless infliction of severe emotional distress; (3) breach of the covenant of good faith; and (4) wrongful discharge in violation of public policy.
At trial defendant Hilti moved for a directed verdict at the close of plaintiff's case-in-chief. On November 9, 1987 the trial court granted Hilti a directed verdict on all plaintiff's claims. Plaintiff filed a timely notice of appeal assigning four errors.
The relevant facts follow:
Plaintiff began drinking and using heroin when he was sixteen and dropped out of high school in the tenth grade. Plaintiff continued to use drugs for the next three years. In 1979 plaintiff was hired by Hilti's steel division in Kansas City, Missouri, to work for Sisco, Incorporated, a unionized subsidiary of Hilti. Defendant Hilti, a European-based company with divisions throughout the world, provides contract labor for several industries. In December 1982 Sisco became a division of Hilti.
In 1981 plaintiff received a promotion to a supervisory position and was sent to Sharon Steel in Sharon, Pennsylvania. Plaintiff was promoted from a laborer's position to a foreman who supervised between ten to twenty men. Plaintiff was concerned about his job security when he left the union for a salaried position and expressed this concern to Hilti management. Plaintiff was told: "I should not fear because as long as I did a good job I would have a job."
In 1982 plaintiff and his wife were divorced. Prior to the divorce plaintiff attempted suicide and was hospitalized two months for depression at the Trumbull County Mental Health Center. While at the mental health center plaintiff was visited by Jean Gilman, Hilti's national operations officer. It was at this point plaintiff admitted to Gilman that plaintiff's alcohol use was part of his problem. Plaintiff's medical insurance through Hilti covered his two-month in-patient treatment at the mental health center.
In June 1983 plaintiff was arrested in Youngstown, Ohio, and charged with driving under the influence of alcohol. At the urging of the Youngstown municipal judge who sentenced him, plaintiff entered the Alcoholic Clinic of Youngstown where he remained as a patient for sixteen days. Although the program at the clinic was scheduled for twenty-eight days, plaintiff walked out after sixteen days with a diagnosis of chronic alcoholism. Plaintiff's medical insurance through Hilti paid for plaintiff's visit to the clinic.
Due to plaintiff's alcoholism, Hilti transferred plaintiff from Sharon Steel to J & L Steel in Cleveland. Plaintiff received the same salary and position at J & L Steel as he did at Sharon Steel. When plaintiff arrived at J & L Steel he met with his supervisor, William Vannucci. Vannucci and plaintiff agreed plaintiff would be evaluated only on his job performance and attendance. Vannucci also told the plaintiff daily, "if you mess up, you're out the door."
At trial plaintiff testified J & L Steel was a dangerous place to work, it was a place where one needed to "keep his wits about him" and have safety always as a concern. One of plaintiff's daily duties was to drive a full-sized locomotive. Plaintiff was responsible for moving a twenty-six-ton ingot mold to the mold repair yard after a crane would place it on the train. Plaintiff also worked with grinders which weighed over two tons.
In March 1984, in spite of
Page 1 2 3 4 5 6 7 8 9 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|