United States Tenth Circuit
Kellogg v. Energy Safety Servs. Inc., 07-8072
In a suit claiming that defendant-employer discriminated against plaintiff in violation of the Americans with Disabilities Act (ADA) by firing her after she was diagnosed with epilepsy, as well as denied her overtime payments to which she was entitled under the Fair Labor Standards Act (FLSA), judgment pursuant to a jury verdict for plaintiff is affirmed in part but reversed in part and remanded for a new trial on the ADA claim where: 1) although various claims of error regarding the ADA claim are rejected, the district court erred in instructing the jury that driving is a major life activity; 2) the jury's verdict on the FLSA claim was proper; and 3) there was no abuse of discretion in an award of liquidated damages.
Appellate Information
- Decided 10/15/2008
- Published 10/16/2008
Judges
- HARTZ, Circuit Judge., Before HARTZ, HOLLOWAY, and O'BRIEN, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellees:
- Catherine MacPherson, Of Counsel, (Thomas A. Thompson, with her on the brief), of MacPherson, Kelly & Thompson, LLC, Rawlins, WY, for Defendant-Appellant., Bruce S. Asay (Meredith F. Asay with him on the brief), of Associated Legal Group, LLC, Cheyenne, WY, for Plaintiff-Appellee.