Gloe v. Terex Corporation, No. 1:2022cv01004 - Document 33 (D.S.D. 2023)
Court Description: MEMORANDUM OPINION AND ORDER granting 17 MOTION for SUMMARY JUDGMENT, dismissing Plaintiff's two state law claims without prejudice for lack of jurisdiction. Signed by U.S. District Judge Charles B. Kornmann on 7/25/2023. (DJP)
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Gloe v. Terex Corporation Doc. 33 Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 1 of 11 PageID #: 383 UNITED STATES DISTRICT COURT JOL 2 S2023 DISTRICT OF SOUTH DAKOTA NORTHERN DIVISION JUDITH L. GLOE, 1:22-CV-01004-CBK Plaintiff, MEMORANDUM OPINION AND ORDER vs. TEREX CORPORATION, Defendant. Ms. Judith Gloe brings this action against Terex South Dakota, Inc, named in the complaint as Terex Corporation, alleging discrimination and retaliation under several federal and state statutes. The matter is before the Court on Terex's motion for summary judgment. For the following reasons, the motion should be granted. 1. Background Ms. Gloe worked for Terex assembling hydraulic hose kits for various pieces of heavy equipment in its Watertown, South Dakota, manufacturing facility. On October 15, 2018, a large metal wheel that was welded to a piece of machinery used to make the hose kits broke off its mount. The heavy metal wheel pinned Ms. Gloe against a wall with several metal hooks on it that jabbed into her back while the wheel was on her chest and shoulders. Ms. Gloe did not seek medical attention that day, but the following day she could not move or get out of bed and took the rest of the week off work. She tried to return to the work the following week, but after working a few hours she called a doctor and went to the doctor's office the next day. She returned to work the next day with certain restrictions that Terex accommodated by having Ms. Gloe train another person to assemble the hose kits. Based on the recommendations of a medieal provider, Ms. Gloe was off work for approximately two and a half weeks before returning to work on November 19 with additional restrictions including a limit oftwo hours of work per day. Terex accommodated those restrietions by moving Ms. Gloe to the production floor I Dockets.Justia.com Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 2 of 11 PageID #: 384 Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 3 of 11 PageID #: 385 Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 4 of 11 PageID #: 386 Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 5 of 11 PageID #: 387 Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 6 of 11 PageID #: 388 Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 7 of 11 PageID #: 389 Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 8 of 11 PageID #: 390 Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 9 of 11 PageID #: 391 Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 10 of 11 PageID #: 392 Case 1:22-cv-01004-CBK Document 33 Filed 07/25/23 Page 11 of 11 PageID #: 393
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