Zisumbo v. Ogden Regional Medical Center, No. 13-4179 (10th Cir. 2015)
Annotate this CaseWithin a month after plaintiff-appellant Raymond Zisumbo complained to his supervisor at Ogden Regional Medical Center (ORMC) about alleged race discrimination in the workplace, ORMC investigated Zisumbo for submitting apparently fraudulent letters to his supervisor months earlier. After confirming that at least one of the letters was falsified, ORMC terminated Zisumbo’s employment. Zisumbo sued ORMC for race discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964, and for breach of the implied duty of good faith and fair dealing under Utah law. After years of litigation, procedural wrangling, and a previous appeal to the Tenth Circuit, only Zisumbo’s Title VII claims for unlawful termination remained to be tried to a jury. The jury found in favor of ORMC on Zisumbo’s discrimination claim but in favor of Zisumbo on his retaliation claim. In cross-appeals and a third parallel appeal, the parties raised numerous issues: Zisumbo challenged the district court’s decisions denying his request to amend his complaint, the granting of summary judgment to ORMC on his good faith and fair dealing claim, and denying in part his request for reinstatement, front pay, and back pay, as well as his request for attorneys’ fees. ORMC appealed the denial of its renewed, post-trial motion for judgment as a matter of law, and the denial of its request to further reduce Zisumbo’s Title VII remedies. Finding no reversible error as any party alleged, the Tenth Circuit affirmed the district court.
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