North Carolina construction worker awarded
more than $1 million in damages after dispute
about supervisor’s job site intoxication
An appellate court has ruled that a North Carolina
construction worker is entitled to more than $1 million
in damages and attorney’s fees after he was fired for
complaining about his supervisor’s intoxication at job
sites. In Driskell v. Summit Contracting Group Inc., the 4th
U.S. Circuit Court of Appeals in Richmond, Virginia, af-
firmed on Sept. 27 a jury’s ruling that the worker was re-
taliated against for threatening to file a workers
compensation claim after being punched by the supervi-
sor and for complaining about the safety risk the super-
visor’s intoxication presented, Business Insurance has
reported. Justin Driskell worked as an assistant superintendent
for Summit Contracting Group, headquartered in Jack-
sonville. In June and July 2015, he noticed that his supervisor
frequently drank alcohol at lunch and returned to work
intoxicated, and on one occasion “drunkenly brandished
a handgun at the job site” in violation of multiple work-
place policies, the court filings say. Driskell said he re-
ported the supervisor’s behavior several times to senior
managers, contending that he presented a safety risk.
The oral argument before the appellate court
Driskell contacted Summit’s CEO Marc Padgett on
July 16 that year and complained about his supervisor’s
drinking on the job, according to the filings. Another
senior employee was asked to investigate the com-
plaint, but said he could not corroborate Driskell’s
claims, court documents say.
On July 20, Driskell and his supervisor argued over a
safety issue outside a bar, and the supervisor punched
Driskell in the face repeatedly when he’d turned to walk
away. Driskell wrestled with the supervisor and put him
in a headlock. Neither was seriously hurt but both
sought medical treatment. Driskell was released back to
work in three days; the supervisor required the use of a
neck brace for two weeks, the court documents say.
The supervisor told Driskell he was fired, though he
was not formally terminated and realized that he had
been let go when his workplace iPad and cell phone
were deactivated.
In January 2016, Driskell filed a complaint with the
North Carolina Department of Labor alleging he was ter-
minated for reporting safety issues and because Sum-
mit believed he would file a workers compensation
claim. A jury held that Summit fired Driskell in retaliation
© CAN STOCK PHOTO / BUDABAR
Florida Construction News staff writer
and awarded him $65,000 in compensatory damages,
$681,000 in punitive damages for wrongful discharge
and $441,600 in attorney’s fees.
Summit appealed, seeking a new trial and arguing
that the jury’s award was not supported by the evi-
dence. The appellate court affirmed the decision. Al-
though Summit argued that internal complaints are not
protected from retaliation, the court disagreed, saying
that internal complaints of ongoing safety concerns can
be protected when they lead to an investigation —
which is what happened when the CEO directed an-
other worker to investigate the supervisor’s drinking.
Summit also argued that because Driskell never ex-
plicitly “threatened” to file a workers comp claim nor
filed one, that he could not claim he was retaliated
against, but the appellate court found that the jury could
find that the law prohibits an employer from firing
someone in anticipation of a “good-faith filing of a work-
ers’ compensation claim.”
Finally, Summit argued that Driskell was fired be-
cause of the legitimate reason of insubordination and
fighting with his supervisors. The appellate court, how-
ever, disagreed, noting that internal emails provided
“ample evidence to support causation” of both of
Driskell’s retaliation theories.
The court also affirmed the jury’s award of damages
and attorney’s fees, but one judge dissented on the
award of punitive damages and attorney’s fees, Busi-
ness Insurance reported.
Florida Construction News — FALL 2020 – 3