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Pitrolo v. County of Buncombe, NC, 4th Cir. (2011)
Pitrolo v. County of Buncombe, NC, 4th Cir. (2011)
No. 09-2051
MELANIE PITROLO,
Plaintiff Appellant,
v.
COUNTY OF BUNCOMBE, NC; BRITT LOVIN; DEAN KAHL; LOYD KIRK;
VONNA CLONINGER; WESTERN NORTH CAROLINA REGIONAL AIR QUALITY
AGENCY BOARD OF DIRECTORS; WESTERN NORTH CAROLINA REGIONAL
AIR QUALITY AGENCY,
Defendants Appellees.
Appeal from the United States District Court for the Western
District of North Carolina, at Asheville.
Lacy H. Thornburg,
District Judge. (1:06-cv-00199-MR-DLH)
Submitted:
Decided:
Kahl,
Buncombe
Loyd
County)
Kirk,
and
Vonna
Cloninger
failed
to
promote
her
to
(collectively
the
position
of
judgment
in
favor
of
Buncombe
County
the
following
reasons,
we
vacate
and
ordering
district
courts
In the first
County
on
Pitrolos
Title
VII
gender
discrimination
Pitrolo
that,
after
an
Agency
Board
Pitrolo had
of
Directors
Camby
reported
to
her
that
2
there
was
opposition
to
her
becoming the future leader of the Agency because of her age and
gender.
admissible
We
held
evidence
that
as
Cambys
a
statement
party-opponent
to
Pitrolo
admission
was
under
post-trial
motion
for
Accordingly, the
declaratory
relief,
attorney
fees and costs, and granted Buncombe Countys renewed motion for
judgment as a matter of law. *
II.
We review de novo a district court's ruling on a motion for
judgment as a matter of law.
Importantly, a
Id. at
City
475
Council
2007).
jurys
of
Ocean
City,
F.3d
214,
218-19
(4th
Cir.
Dennis,
290
F.3d
at
645.
In
drawing
all
weigh
the
witnesses.
Id.
evidence
or
assess
the
credibility
of
the
the
jurys
statement
verdict.
The
constitutes
law
direct
of
this
case
evidence
of
minimum,
the
jury
could
reasonably
4
conclude
from
is
that
gender
Thus, at
Cambys
statement
that
Pitrolos
Buncombe
Countys
district
court
may
gender
decision
not
differ
with
was
to
the
hire
motivating
her.
jurys
factor
Although
conclusions,
in
the
Rule
50(b) does not permit the court to weigh the evidence or assess
the credibility of the witnesses - to do so is to usurp the
fact-finding role of the jury.
erred
had
in
finding
that
Pitrolo
not
presented
sufficient
she
did
not
prevail
on
her
mixed-motive
claim.
now
the
prevailing
party.
See
Hill
v.
Lockheed
Martin
Logistics Mgmt., 354 F.3d 277, 284 (4th Cir. 2004) (en banc),
cert. dismissed, 543 U.S. 1132 (2005) (citing 42 U.S.C. 2000e2(m)).
Id.
III.
For the foregoing reasons, we vacate the district courts
amended judgment and order granting Buncombe Countys motion for
judgment
as
matter
of
law,
ordering
that
Buncombe
County
We reinstate the
contentions
the
court
are
adequately
and
argument
presented
would
not
in
aid
the
the
materials
decisional
process.
VACATED AND REMANDED