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Fernandez v. Community Asphalt, Inc.

Citations: 934 F. Supp. 418; 1996 U.S. Dist. LEXIS 15887; 1996 WL 444572Docket: 96-0298-CIV

Court: District Court, S.D. Florida; May 24, 1996; Federal District Court

Narrative Opinion Summary

In the case of Jack Fernandez v. Community Asphalt, Inc., the United States District Court for the Southern District of Florida addressed a motion to dismiss multiple counts of the plaintiff's complaint. The plaintiff, a former transportation supervisor, alleged wrongful termination based on disability and age discrimination, along with claims of sexual harassment and unpaid overtime. The court denied the motion to dismiss the ADA claim against Community Asphalt, Inc., finding sufficient allegations to establish a prima facie case of disability discrimination. However, it granted dismissal for individual defendants on the grounds that federal statutes like the ADA, Title VII, and the ADEA do not impose liability on individuals, only employers. The court also dismissed claims for negligent and intentional infliction of emotional distress, citing Florida law's requirements for physical impact and extreme conduct, respectively. Ultimately, while the corporate defendant faced ongoing litigation regarding the ADA claim, the individual defendants were relieved of liability under the federal employment statutes.

Legal Issues Addressed

Dismissal of Complaint Counts

Application: The court granted the motion to dismiss for Counts II, III, V, and VI against individual defendants, while denying it for Count I against the corporate defendant.

Reasoning: The court denied the motion for Count I against Community Asphalt, Inc., but granted it for Defendants Jose Fernandez and Carlos Parodi. The motion was also granted for Counts II, III, V, and VI against the same defendants.

Individual Liability under Federal Employment Statutes

Application: The court ruled that individuals cannot be held liable under Title VII, the ADEA, or the ADA, as these statutes impose liability solely on employers.

Reasoning: The Eleventh Circuit has established that individuals cannot be sued under Title VII or the ADEA, as liability under these statutes is limited to employers.

Intentional Infliction of Emotional Distress under Florida Law

Application: The court dismissed the claim for intentional infliction of emotional distress, finding the conduct described insufficiently 'outrageous' under Florida legal standards.

Reasoning: Florida law requires four elements for this claim: deliberate or reckless infliction of mental suffering, outrageous conduct... The Court determines that the alleged conduct does not meet the standard of being 'outrageous,' as defined by Florida courts.

Negligent Infliction of Emotional Distress under Florida Law

Application: The claim was dismissed due to the absence of a 'physical impact,' a requirement under Florida law for negligent infliction of emotional distress claims.

Reasoning: While Plaintiff acknowledges this lack of physical impact, they contend that the negligence in this case constitutes gross negligence... Consequently, without physical impact, the claim for negligent infliction of emotional distress cannot proceed, leading to the dismissal of Count VI.

Prima Facie Case for Disability Discrimination

Application: The court found that the plaintiff's allegations of significant impairment and request for accommodations were sufficient to establish a prima facie case under the ADA.

Reasoning: Plaintiff has provided sufficient allegations, claiming that his illnesses significantly impair daily activities and that he informed his employer of his condition while requesting reasonable accommodations.