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Kroptavich v. Pennsylvania Power and Light Co.

Summary judgment for employer affirmed; there was no violation of the coordinate jurisdiction rule because the motion before the court raised different legal issues from those raised in the prior motion before a different judge; plaintiff failed to meet burden of producing evidence sufficiently specific or probative to require submission of his claim that employer's reason for termination was pretextual.

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�1 Appellant/Cross-Appellee, Ronald Kroptavich, appeals from an order of the Court of Common Pleas of Lackawanna County granting summary judgment to Appellee/Cross-Appellant, Pennsylvania Power and Light Company (“PPL”), on both counts of Kroptavich’s complaint, relating to his dismissal from the company. We hold that the coordinate jurisdiction rule did not bar the order entering summary judgment in favor of PPL, and we affirm the entry of summary judgment against Kroptavich, albeit on different grounds.

�2 On May 16, 1966, Kroptavich accepted a position with PPL as a line crew laborer. In the ensuing years, Kroptavich earned a series of promotions and eventually assumed the management position as one of PPL’s Multi-Crew Foremen. As a Multi-Crew Foreman, Kroptavich was responsible for supervising workers assigned to install or maintain power lines and equipment.

�3 The present controversy arose from Kroptavich’s acceptance of a 1994 Christmas gift of $200.00 cash from the owner of Neal-Lynn Construction, a company routinely subcontracted by PPL to provide labor crews for various projects. In January, 1995, when PPL supervisors asked Kroptavich whether he had accepted any money from Neal-Lynn in contravention of PPL’s “Procurement Practices Manual” and “Standards of Integrity Policy Manual,” Kroptavich replied that he had been given a $200.00 gift certificate but returned it. However, at a subsequent meeting with internal auditors investigating alleged Neal-Lynn gift-giving, Kroptavich admitted that he had, in fact, accepted a $200.00 cash gift. In light of his admission, Kroptavich was given the option of either termination or resignation. Kroptavich, 51 years of age at the time, chose the latter. Shortly thereafter, three existing PPL employees, ranging in age from 50 to 53 years of age assumed Kroptavich’s duties.

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