Michael White v. CN Utility Consulting, Inc., Wright Tree Service, Inc. and Chuck Bradley

Tulsa, OK - Michael White sued CN Utility Consulting, Inc., Wright Tree Service, Inc. and Chuck Bradley on wrongful termination theories claiming:



1. The Defendant Wright Tree Service, Inc. ("Wright Tree”) is a contractor for Public Service Company of Oklahoma ("PSO”), responsible in part for tree trimming operations related to power lines in the State of Oklahoma, including the City of Tulsa. The Defendant Chuck Bradley ("Bradley”) was employed by Wright Tree at all relevant times as a foreman for a three man tree tr mining crew.

2. The Defendant CN Utility Consulting, Inc. ("CNUC”) is also a contractor of PSO, providing third party oversight of Wright Tree's tree trimming operations. Although, CNUC is a subsidiary of Wright Tree and they are different companies in name only. The Plaintiff was formerly employed by CNUC as Consulting Contract Utility Forester from approximately June 18, 2012 until December 31, 2013.

3. Part of Plaintiff' sj ob as Forester was to monitor Wright Tree's tree trimming crews in West Tulsa. Particularly, he monitored billing, the quality of work being performed, and safety issues,

4. On or about December 26, 2013, it came to Plaintiff's attention that Bradley was billing PSO at a higher hourly rate than was permitted by PSO guidelines. Specifically, Bradley was billing as a top foreman, despite not having a commercial driver's license as required by P50 to bill at such a rate.

5. Plaintiff notified Bradley's immediate superior, Tom Acker ("Acker”), of the billing issue, and Acker said he would take action. Subsequently, Plaintiff obtained a copy of P50's guidelines on billing and noticed that Acker was also billing at a higher rate than was permitted.

6. Bradley confronted Plaintiff about the billing issue, and Plaintiff admitted he was reviewing a discrepancy with Bradley's billing. Bradley became visibly upset that Plaintiff was investigating this issue, and let it be known to Plaintiff.

7. After the confrontation with Bradley, Plaintiff also informed his immediate superiors, Mark Furhman ("Furhman”) and Pete Burkett ("Burkett”) of the billing issue. Regional Supervisor for CNUC Mark Harwick ("Harwick”) learned of the issue as well, likely from Furbman and Burkett. Harwick did not contact Plaintiff or otherwise investigate the billing issue.

8. At the time of the incident, Plaintiff was responsible for providing the time sheets to P50 for review before invoicing. Plaintiff placed a note on the time sheets noti1'ing PSO of the billing issue involving Bradley and Acker.

9. On or about December 27, 2013, the day after Plaintiff confronted Bradley about

the billing issue, Bradley filed a written complaint, making false allegations that White threatened him with physical violence. Specifically, Bradley alleged White became upset, showed Bradley a permit to carry a concealed firearm and said he carries the firearm with him "all the time”. Bradley claimed he felt threatened by this remark and feared for his safety.

10. After the complaint was filed, Harwick rubber stamped Bradley's story and terminated Plaintiff's employment without getting Plaintiffs story. Harwick conducted no reasonable investigation into the incident, or the issue with overbilling though he was well aware of Plaintiff's report at the time he decided to terminate Plaintiffs employment with CNUC.

11. On December 31, 2013 Harwick called White to a meeting and notified him that his employment was terminated due to Bradley's report.

COUNT ONE - WRONGFUL TERMINATION

CNUC

12. CNUC and its agent and employee Harwick terminated Plaintiffs employment because Plaintiff reported the billing discrepancies involving Bradley and Acker, and acted to cover up the billing discrepancy, perhaps to cover up more widespread billing issues and to prevent inquiries from PSO.

13. CNUC used Bradley's complaint against Plaintiff as a pretext for Plaintiff's termination.

14. The actions of CNUC and its agent and employee Harwick constitute wrongful termination in violation of Oklahoma public policy.

COUNT TWO - DEFAMATION

CNUC

15. CNUC intentionally disseminated Bradley's false story regarding Plaintiff, specifically to PSO, such that Plaintiff's reputation in the industry was tarnished, making it difficult for Plaintiff to find new employment.

16. CNUC ' s actions constitute defamation of character and were the proximate cause of Plaintiff's damages.

COUNT THREE — NEGLIGENT TRAINING AND SUPERVISION

CNUC

17. CNUC negligently failed to properly train and supervise its employees, such that CNUC's employees failed to conduct meaningful investigations into the above described incidents, and in fact were permitted and encouraged to terminate Plaintiffs employment in violation of public policy.

18. CNUC ' s negligence was the proximate cause of Plaintiff's damages.

COUNT FOUR - DEFAMATION

Chuck Bradley

19. Bradley knowingly and maliciously made a false report regarding Plaintiff, as set forth in more detail above.

20. Bradley's actions constitute defamation of character.

COUNT FIVE - VICARIOUS LIABILITY

Wright Tree Service, Inc.

21. At all times relevant to this lawsuit, Bradley was acting in the course and scope of

his employment with Wright Tree, such that Wright Tree should be held responsible for Bradley's

actions under the theory of employer's vicarious liability.

COUNT SIX - NEGLIGENT SUPERVISION AND TRAINING

22. Wright Tree failed to properly train and supervise Bradley and other employees, such that he was able to make false allegations against Plaintiff that resulted in Plaintiff's tennination and defamation of Plaintiffs character. This failure was negligent and was the proximate cause of Plaintiff's damages.



Docket

Date Code Description Count Party Amount

06-06-2014 TEXT



Civil relief more than $10,000 Initial Filing.

1

06-06-2014 TERMINATE



WRONGFUL TERMINATION



06-06-2014 DMFE



DISPUTE MEDIATION FEE

$ 2.00

06-06-2014 PFE1



PETITION



Document Available (#1025765804)

$ 163.00

06-06-2014 PFE7



LAW LIBRARY FEE

$ 6.00

06-06-2014 OCISR



Oklahoma Court Information System Revolving Fund

$ 25.00

06-06-2014 CCADMIN02



Court Clerk Administrative Fee on $2 Collections

$ 0.20

06-06-2014 OCJC



Oklahoma Council on Judicial Complaints Revolving Fund

$ 2.00

06-06-2014 OCASA



Oklahoma Court Appointed Special Advocates

$ 5.00

06-06-2014 CCADMIN04



Court Clerk Administrative Fee on Collections

$ 0.50

06-06-2014 LTF



Lengthy Trial Fund

$ 10.00

06-06-2014 SMF



Summons Fee (Clerks Fee)-3

$ 15.00

06-06-2014 SMIMA



Summons Issued - Mailed by Attorney-3



06-06-2014 TEXT



OCIS has automatically assigned Judge Sellers, Jefferson D. to this case.



06-06-2014 ACCOUNT



Receipt # 2014-2865785 on 06/06/2014.

Payor:OXFORD LEHR PLLC Total Amount Paid: $228.70.

Line Items:

CJ-2014-2197: $178.00 on AC01 Clerk Fees.

CJ-2014-2197: $6.00 on AC23 Law Library Fee.

CJ-2014-2197: $0.70 on AC31 Court Clerk Revolving Fund.

CJ-2014-2197: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.

CJ-2014-2197: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.

CJ-2014-2197: $2.00 on AC64 Dispute Mediation Fees.

CJ-2014-2197: $25.00 on AC79 OCIS Revolving Fund.

CJ-2014-2197: $10.00 on AC81 Lengthy Trial Fund.



06-26-2014 S



Party has been successfully served. CN UTILITY CONSULTING INC SERVED / CERT MAIL / STAMPED BY KORRI BEHLER / DEL ON 6-23-14



Document Available (#1026314950)

CN UTILITY CONSULTING INC

06-26-2014 S



Party has been successfully served. WRIGHT TREE SERVICE SERVED / CERT MAIL / STAMPED BY KORRI BEHLER / DEL ON 6-23-14



Document Available (#1026314954)

WRIGHT TREE SERVICE INC

06-26-2014 S



Party has been successfully served. CHUCK BRADLEY SERVED / CERT MAIL / SIGNED BY TRACY KETTNER? / DEL ON 6-21-14



Document Available (#1026314958)

BRADLEY, CHUCK

07-21-2014 A



DEFENDANTS CN UTILITY CONSULTING INC WRIGHT TREE SERVICE INC AND CHUCK BRADLEY'S ANSWER TO PLAINTIFF'S PETITION / CERT OF MAILING



Document Available (#1026631600)

CN UTILITY CONSULTING INC

07-21-2014 EAA



ENTRY OF APPEARANCE AS ADDITIONAL COUNSEL FOR DEFENDANTS / DENELDA L RICHARDSON / CERT OF MAILING / COVER SHEET



Document Available (#1026631596)

CN UTILITY CONSULTING INC

07-21-2014 EAA



ENTRY OF APPEARANCE AS COUNSEL FOR DEFENDANTS / JO ANNE DEATON ENTERS FOR DEFENDANTS / CERT OF MAILING COVER SHEET



Document Available (#1026632512)

CN UTILITY CONSULTING INC

07-24-2014 CTFREE



SELLERS, JEFFERSON D.: Scheduling order entered. Pretrial conference set 12-18-14 at 9:00 am.



07-24-2014 SCHO



SCHEDULING ORDER 7-24-14



Document Available (#1026633550)



09-12-2014 MO



JOINT MOTION FOR ENTRY OF AGREED PRIVACY PROTECTIVE ORDER / A TO J



Document Available (#1027192662)



09-15-2014 CTFREE



SELLERS, JEFFERSON D.: Agreed privacy protective order entered.



09-15-2014 O



AGREED PRIVACY PROTECIVE ORDER



Document Available (#1027192985)



11-12-2014 MO



DEFENDANTS' MOTION TO AMEND SCHEDULING ORDER



Document Available (#1027828850)

CN UTILITY CONSULTING INC

11-13-2014 CTFREE



SELLERS, JEFFERSON D.: Amended scheduling order entered. Pretrial conference reset on 2-19-15 at 9:00 am.



11-13-2014 SCH



AMENDED SCHEDULING CONFERENCE



Document Available (#1027829207)



01-07-2015 CTFREE



SELLERS, JEFFERSON D.: Order entered extending motion deadlines to 1-13-15.



01-07-2015 O



ORDER



Document Available (#1028259510)



01-07-2015 MO



DEFENDANTS' UNOPPOSED MOTION TO AMEND MOTION DEADLINE / A2J



Document Available (#1028263134)

CN UTILITY CONSULTING INC

01-13-2015 MOSJ



DEFT CN UTILITY CONSULTING INCS MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT



Document Available (#1027504153)

$ 50.00

01-13-2015 MOSJ



DEFT WRIGHT TREE SERVICE INCS MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT



Document Available (#1027504149)

$ 50.00

01-13-2015 MOSJ



DEFT CHUCK BRADLEYS MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT



Document Available (#1027504145)

$ 50.00

01-13-2015 ACCOUNT



Receipt # 2015-3009809 on 01/13/2015.

Payor:RHODES HIERONYMUS Total Amount Paid: $150.00.

Line Items:

CJ-2014-2197: $150.00 on AC01 Clerk Fees.



01-14-2015 TEXT



DEFENDANT WRIGHT TREE SERVICE INC'S SUPPLEMENT TO MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT / A2J / CERT OF MAILING



Document Available (#1028393420)

WRIGHT TREE SERVICE INC

01-21-2015 MO



PLAINTIFF'S MOTION TO STRIKE THE CURRANT SCHEDULING ORDER AND APPLICATION FOR A SCHEDULING CONFERENCE / A TO J



Document Available (#1028389358)



01-23-2015 CTFREE



SELLERS, JEFFERSON D.: Plaintiff's motion to strike scheduling order is set for 2-2-15 at 8:45 am. Notice to: Benjamin Oxford, Jo Anne deaton, Renelda richardson



01-23-2015 NOH



NOTICE OF HEARING / AFD OF MAILING



Document Available (#1028388195)



02-02-2015 CTFREE



SELLERS, JEFFERSON D.: Hearing held. Benjamin Oxford appears for plaintiff Renelda Richardson appears for defendants. Order entered extending time to respond to motion for summary judgment. New scheduling order entered. Pretrial conference set 4-30-15 at 9:30 am. Pretrial conference set 2-19-15 is now motion for summary judgment hearing.



02-02-2015 SO



SCHEDULING ORDER



Document Available (#1028543819)



02-02-2015 O



ORDER



Document Available (#1028543683)



02-09-2015 APLI



PLAINTIFF'S UNOPPOSED APPLICATION FOR EXTENSION OF TIME TO RESPOND TO THE PENDING MOTIONS FOR SUMMARY JUDGMENT / A2J



Document Available (#1028543591)

WHITE, MICHAEL

02-10-2015 CTFREE



SELLERS, JEFFERSON D.: Order entered granting plaintiff until 2-10-15 to respond for defendants' motion for summary judgment.



02-10-2015 RESP



PLAINTIFF'S RESPONSE TO DEFENDANT WRIGHT TREE SERVICE INC'S MOTION FOR SUMMARY JUDGMENT / A2J



Document Available (#1028669185)

WHITE, MICHAEL

02-10-2015 RESP



PLAINTIFF'S RESPONSE TO DEFENDANT CN UTILITY CONSULTING INC'S MOTION FOR SUMMARY JUDGMENT / A2J



Document Available (#1028670933)

WRIGHT TREE SERVICE INC

02-10-2015 RESP



PLAINTIFF'S RESPONSE TO DEFENDANT CHUCK BRADLEY'S MOTION FOR SUMMARY JUDGMENT / A2J



Document Available (#1028670929)

WHITE, MICHAEL

02-13-2015 MO



DEFENDANTS CN UTILITY CONSULTING INC; WRIGHT TREE SERVICE INC; AND CHUCK BRADLEY'S MOTION FOR LEAVE TO FILE REPLY BRIEFS TO PLAINTIFF'S RESPONSES TO DEFENDANTS' THREE MOTIONS FOR SUMMARY JUDGMENT / A2J



Document Available (#1028668687)

CN UTILITY CONSULTING INC

02-17-2015 CTFREE



SELLERS, JEFFERSON D.: Order entered granting defendants 5 days to reply to their motions for summary judgment.



02-17-2015 R



DEFENDANT CHUCK BRADLEY'S REPLY TO PLAINTIFF'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT / A2J



Document Available (#1028666207)

CN UTILITY CONSULTING INC

02-17-2015 R



DEFENDANT CN UTILITY CONSULTIN INC'S REPLY TO PLAINTIFF'S RESPONSE TO MOTION FOR SUMMARY JUDGMENT AND BRIEF IN SUPPORT / A2J



Document Available (#1028666203)

CN UTILITY CONSULTING INC

02-17-2015 R



DEFENDANT WRIGHT TREE SERVICE INC'S REPLY TO PLAINTIFF'S RESPONSE TO MOTION FOR SUMMARY JUDGMETN AND BRIEF IN SUPPORT / A2J



Document Available (#1028666199)

WRIGHT TREE SERVICE INC

02-17-2015 O



Order GRANTING DEFENDANTS CN UTILITY CONSULTING INC; WRIGHT TREE SERVICEINC; AND CHRUCK BRADLEY'S MOTION FOR LEAVE TO FILE REPLY BRIEFS TO PLAINTIFF'S RESPONSES TO DEFENDANTS' THREE MOTINS FOR SUMMARY JUDGMENT /



Document Available (#1028666239)



02-18-2015 RESP



PLAINTIFF'S COMBINED SUPPLEMENT TO PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT / A2J



Document Available (#1028666688)

WHITE, MICHAEL

02-19-2015 CTFREE



SELLERS, JEFFERSON D.: Per confernce call with both parties motion for summary judgment is reset for hearing on 2-26-15 at 10:00 am.



02-26-2015 CRF



COURT REPORTER FEE-TRIAL ON MERITS

$ 20.00

02-26-2015 CTFREE



SELLERS, JEFFERSON D.: Hearing held. Ben Oxford appears for plaintiff JoAnne Deaton appears for defendants. Lynette Quetone court reporter. Defendants motions for summary judgment denied except for defamation.



02-26-2015 ADJUST



ADJUSTING ENTRY: MONIES DUE TO AC09-CARD ALLOCATION

$ 0.50

02-26-2015 ACCOUNT



ADJUSTING ENTRY: MONIES DUE TO THE FOLLOWING AGENCIES REDUCED BY THE FOLLOWING AMOUNTS:

CJ-2014-2197: AC01 Clerk Fees -$0.50



02-26-2015 ACCOUNT



Receipt # 2015-3037428 on 02/26/2015.

Payor:OXFORD BENJAMIN J Total Amount Paid: $20.00.

Line Items:

CJ-2014-2197: $19.50 on AC01 Clerk Fees.

CJ-2014-2197: $0.50 on AC09 Card Allocations.



03-12-2015 MO



PLAINTIFF'S MOTION FOR SECTION 994 FINAL ORDER / A2J



Document Available (#1028981820)

WHITE, MICHAEL

03-16-2015 MO



DEFENDANTS' MOTION TO SETTLE JOURNAL ENTRY / A2J



Document Available (#1028981792)

CN UTILITY CONSULTING INC

03-19-2015 RESP



DEFENDANTS' RESPONSE AND OBJECTION TO PLAINTIFF'S MOTIN FOR SECTION 994 FINAL ORDER / A TO J / CERTIFICATE OF MAILING



Document Available (#1029065905)

CN UTILITY CONSULTING INC

03-23-2015 APLI



UNOPPOSED APPLICATION TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR SECTION 994 FINAL ORDER / A TO J / CERTIFICATE OF MAILING



Document Available (#1029067580)

WHITE, MICHAEL

03-24-2015 CTFREE



SELLERS, JEFFERSON D.: Order entered granting plaintiff 5 days to reply to the motion for a final order.



03-24-2015 CTFREE



SELLERS, JEFFERSON D.: Order for early settlement submitted.



03-24-2015 O



ORDER GRANTING UNOPPOSED APPLICATION FOR EXTENSION OF TIME TO RESPOND TO PENDING MOTIONS FOR SUMMARY JUDGMENT



Document Available (#1029068207)



03-25-2015 CTFREE



sellers, jefferson d.: Defendants' motion to settle journal entry is set for hearing on 4-30-15 at 9:30 am. Notice to: Jo Anne Deaton, Denelda richardson, Benjamin Oxford, Hans Otto Lehr



03-25-2015 APLI



UNOPPOSED APPLICATION TO FILE REPLY BRIEF IN SUPPORT OF MOTION FOR SECTION 994 FINAL ORDER /



Document Available (#1029068371)

WHITE, MICHAEL

03-25-2015 NOH



NOTICE OF HEARING/ MOTION TO SETTLE JOURNAL ENTRY SET FRO HEARING ON 4-30-15 @9AM / AFFIDAVIT OFMAILING



Document Available (#1029068469)



03-31-2015 RESP



PLAINTIFF'S RESPONSE TO DEFENDANT'S OBJECTION TO PLAINTIFF'S MOTION FOR SECTION 994 FINAL ORDER



Document Available (#1029181871)

WHITE, MICHAEL

04-02-2015 RESP



PLAINTIFF'S RESPONSE TO DEFENDANT'S MOTION TO SETTLE JOURNAL ENTRY / CERTIFICATE OF MAILING



Document Available (#1029179265)

WHITE, MICHAEL

04-06-2015 CTFREE



SELLERS, JEFFERSON D.: Pretrial conference on 4-30-15 to be reset at that hearing to allow for mediation.



04-30-2015 CTFREE



SELLERS, JEFFERSON D.: Hearing held. Ben Oxford appears for plaintiff JoAnne Deaton appears for defendants. Journal entry to be submitted. Pretrial conference set 7-13-15 at 9:00 am.



05-04-2015 CTFREE



SELLERS, JEFFERSON D.: Order entered denying motion for section 994 final order.



05-04-2015 CTFREE



SELLERS, JEFFERSON D.: Order entered granting in part and denying in part defendant's motion for summary judgment.



05-05-2015 O



ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT



Document Available (#1029445618)



05-05-2015 O



ORDER DENYING PLAINTIFF'S MOTION FOR SECTION 994 FINAL ORDER



Document Available (#1029445622)



05-07-2015 DISPCVDM



SELLERS, JEFFERSON D.: per phone call with Denelda Richardson pretrial conference stricken as case settled in mediation.

1 BRADLEY, CHUCK

05-07-2015 DISPCVDM



SELLERS, JEFFERSON D.: per phone call with Denelda Richardson pretrial conference stricken as case settled in mediation.

1 CN UTILITY CONSULTING INC

05-07-2015 DISPCVDM



SELLERS, JEFFERSON D.: per phone call with Denelda Richardson pretrial conference stricken as case settled in mediation.

1 WRIGHT TREE SERVICE INC

05-27-2015 DWP



DISMISSAL WITH PREJUDICE BY PLT



Document Available (#1029613912)

CN UTILITY CONSULTING INC

Settled and dismissed with prejudice.