Case details
Bus co. failed to accommodate for knee pain, driver alleged
SUMMARY
$625000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
emotional distress, knee pain
FACTS
In 2013, plaintiff Garey Estelle, a bus operator for the Los Angeles County Metropolitan Transportation Authority, had significant knee pain and was eventually diagnosed with chondromalacia of the patella. Over the course of six weeks, he submitted 10 requests to switch his bus from the 5000 Series to the 7000 Series because the 7000 Series had a larger driving compartment. Estelle allegedly submitted the requests as an accommodation for his knee pain. Around the same time, his division received new management, which included Assistant Manager Demetrius Jones. Estelle claimed that he never received any response to any of his requests for accommodation from management and that he started receiving the more problematic 5000 series buses. In June 2013, Estelle was terminated from his position. The LACMTA claimed that Estelle was terminated because he was involved in an April 2013 incident where a passenger fell and Estelle failed to report it. However, Estelle claimed that he did not see the alleged fall and that he was really terminated because he was disabled, requested an accommodation, and raised safety issues regarding driving the 5000 Series bus. Estelle sued the LACMTA and Jones. Estelle alleged that the defendants failed to accommodate his disability and failed to engage in the interactive process. He also alleged that the defendants’ actions constituted disability discrimination and retaliation for reporting a protected activity. Jones was ultimately dismissed from the case prior to trial. Counsel for the LACMTA contended that the difference between the 5000 Series and 7000 Series buses was insignificant. Counsel also contended that Estelle had a below average driving record and that the LACMTA received other complaints about him. Counsel denied that Estelle failed to see the passenger fall during the April 2013 incident and contended that the egregious nature of not reporting the falling passenger was intentional on Estelle’s part. Counsel for the LACMTA accordingly argued that Estelle’s termination stood., Estelle has been unemployed since 2013. He claimed he subsequently had significant financial problems due to the termination, as he has two children who would attend college in next five to six years. Estelle claimed that was a successful bus operator for 22 years and eight months and that he had a successful and good driving record. He alleged that at 23 years of employment, he would have received his full pension, but that as a result of his termination, he was short four months. Estelle also claimed that he suffered emotional distress as a result of his termination and that he subsequently underwent limited treatment with a psychologist. The plaintiff’s expert psychologist diagnosed Estelle with major depression and alcohol-dependence disorder. Thus, Estelle sought recovery of lost pension benefits and lost wages. He also sought recovery of damages for his past and future emotional distress. Plaintiff’s counsel noted that one week before trial, the LACMTA voluntarily decided to give Estelle the balance of his pension, as he initially received a cash-out of his pension’s benefits to survive on. Thus, Estelle only sought recovery of emotional-distress damages at trial.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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