Docket – September 28, 2018

U.S. District Court – Eastern District

Brunelle v. Norfolk So. Ry. Co., EDVA at Norfolk (Smith).

A commercial truck operator stated a claim against his employer under the Americans with Disabilities Act, based on being laid off from work following a medical examination. Despite no negative medical opinion, the plaintiff wasn’t reinstated until six months after his removal, and he alleges his employer hasn’t paid him for those six months. He sufficiently alleged that Federal Motor Carrier Safety Administration remedies were inadequate and that he was physically qualified to drive a commercial vehicle.

Motion to dismiss denied.

Steves & Sons Inc. v. Jeld-Wen Inc., EDVA at Richmond (Payne).

The defendant, a doorskin manufacturer, was entitled to judgment as a matter of law despite adverse jury findings. The plaintiff had successfully claimed that the doorskin manufacturer provided defective products without reimbursement, for either the doorskins themselves or for the doors containing them. Although the jury agreed with both theories, the plaintiff didn’t present sufficient evidence about the defects affecting the doors to allow the jury to infer that the defendant wrongfully failed to reimburse for the doorskins or the entire doors.

The plaintiff’s claim for damages in the amount of $1,776,813 fails as a matter of law.

Categories: Daily Dockets

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