United States Fifth Circuit

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Carmona v. Southwest Airlines Co., 08-51175

In an action claiming that the termination of plaintiff's employment violated Title VII and the Americans with Disabilities Act (ADA), judgment as a matter of law for defendant is reversed where: 1) plaintiff presented sufficient evidence that he was substantially limited in the major life activity of walking; and 2) there was no dispute that plaintiff was able to perform the essential functions of his job as a flight attendant when he showed up to work. In addition, the district court's order denying reinstatement is vacated in light of the Fifth Circuit's holding that it was error to grant defendant's motion for judgment as a matter of law.

Appellate Information

  • Decided 04/22/2010
  • Published 04/22/2010


  • GARWOOD, Circuit Judge:, Before GARWOOD, OWEN and SOUTHWICK, Circuit Judges.


  • United States Fifth Circuit


  • For Appellant:
  • John F. Melton (argued), Melton & Kumler, LLP, Austin, TX, for Carmona.

  • For Appellees:
  • Lacey L. Gourley (argued), Bracewell & Giuliani, L.L.P., Austin, TX, Natalie C. Rougeux, Reagan, Burrus, Dierksen, Lamon & Bluntzer, New Braunfels, TX. for Defendant-Appellee.