Case details

Bus driver: Employer failed to look for alternative work for him

SUMMARY

$15000

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
affected breathing, emotional pain, respiration
FACTS
In March 2013, plaintiff Chris Cowart, a bus driver in his 50s who worked for the Los Angeles County Metropolitan Transportation Authority, filed a worker’s compensation claim for a breathing condition that allegedly developed. Metro buses are periodically sprayed to eliminate various pests. Cowart claimed that fumes on buses that were recently treated with pesticides affected his breathing. Cowart presented a physician’s note that said that Cowart should not be forced to drive the bus, as it exposed him to the odors from the pesticides. In addition, Cowart claimed that even when the sprayed bus had been left alone for a while, he could still smell the pesticides. As a result, the MTA determined that anyone who drives a bus could come into contact with the fumes, so it found that Cowart could not operate a bus due to his work restriction. Cowart was then off of work for six months, from Dec. 5, 2014, through June 20, 2015. Eventually, Cowart’s physician changed his opinion to say that he did not mean that Cowart could not operate the bus, and Cowart was brought back to work on June 20, 2015. Cowart sued LAC Metro. He alleged that LAC Metro’s actions constituted disability discrimination and failure to engage in the interactive process, in violation of the Americans with Disabilities Act. Cowart, who started working as a bus driver in February 2008, claimed that LAC Metro failed to meet with him to discuss possible work alternatives during the time it was determined that he could not operate the bus. He claimed that, instead, the LAC Metro did not have him work for six months. Defense counsel argued that Cowart’s breathing condition only occurred after allegedly inhaling the fumes on the bus and that it was not a disability. Thus, counsel contended that, under the Fair Employment and Housing Act, LAC Metro was not required to engage in the interactive process. Judge Michael Fitzgerald instructed the jury that it did not have to find Cowart disabled, but that it was enough that he suffered a medical condition due to his physician’s reports., Cowart claimed that the fumes from the sprayed buses affected his breathing and respiration, but that it did not cause a lifelong condition. He also claimed he suffered emotional distress as a result of not being able to work for six months. However, he did not seek any counseling. Thus, Cowart sought recovery of damages for his past and future emotional pain and suffering.
COURT
United States District Court, Central District, Los Angeles, CA

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