Johnson v. Crossroads Ford, Inc., 749 S.E.2d 102

Johnson sued Crossroads Ford in 2011 for age-based wrongful termination under the EEPA, North Carolina Gen. Stat. § 143-422.1 et seq.
Johnson’s 1950 birth date and 2000 employment as salesperson; rapid promotions up to General Manager in 2007
After 2007, Vice-President Allen Boyd repeatedly called Johnson 'old man' and subjected him to age-related conduct
Noah Woods, age 35, was hired in 2009 to replace Johnson as General Manager and Johnson was demoted in 2009
In 2010 Johnson allegedly allowed a sale of his wife’s car; Boyd terminated him for stealing in 2010; suit alleged pretext
Trial court granted summary judgment for Crossroads Ford in 2012 and dismissed with prejudice; Johnson appeals

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Woods’ affidavit was properly disregarded	Johnson	Crossroads Ford	Woods’ affidavit was improperly disregarded
Whether summary judgment was appropriate given genuine issues of material fact	Johnson	Crossroads Ford	Summary judgment reversed; genuine issues exist

Cousart v. Charlotte-Mecklenburg Hosp. Auth., 209 N.C. App. 299, 704 S.E.2d 540 (2011) (affidavits contradicting prior testimony cannot create a genuine issue)
Carter v. West Am. Ins. Co., 190 N.C. App. 532, 661 S.E.2d 264 (2008) (cannot survive summary judgment using conflicting affidavit)
Barwick v. Celotex Corp., 736 F.2d 946 (4th Cir. 1984) ( Fourth Circuit on conflicting affidavits and summary judgment)
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (establishes evidentiary framework for discrimination claims)
Hughes v. Bedsole, 48 F.3d 1376 (4th Cir. 1995) (adopted Title VII standards for NC discrimination claims)
N.C. Dep’t of Correction v. Gibson, 308 N.C. 131, 301 S.E.2d 78 (1983) (adopts McDonnell Douglas standards in NC EEPA claims)
N.C. Dep’t of Crime Control & Pub. Safety v. Greene, 172 N.C. App. 530, 616 S.E.2d 594 (2005) (applies McDonnell Douglas scheme to age discrimination)