Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING

Regular Panel Decision

Feb 20, 2002

Frank v. Plaza Construction Corp.

Plaintiff Frank filed suit against Plaza Construction Corporation, Fisher Brothers, and Steven Fisher alleging sexual harassment, gender-based disparate treatment, disability discrimination under the ADA for dyslexia, and retaliatory discharge. The court denied defendants' motion for summary judgment regarding the Title VII sexual harassment claims (hostile work environment and quid pro quo) and the disparate treatment claim. However, the ADA claim was dismissed as Frank failed to provide sufficient evidence of a substantially limiting impairment. The retaliatory discharge claim was partially dismissed, surviving only in relation to alleged complaints about sexual harassment by Peter Hulbert.

Employment DiscriminationSexual HarassmentHostile Work EnvironmentQuid Pro Quo HarassmentRetaliatory DischargeADA ClaimDyslexiaSummary Judgment MotionTitle VIINew York State Human Rights Law

References

Case No. MISSING

Regular Panel Decision

Hamilton v. City College of the City University of New York

Plaintiff Keith Hamilton, a student with dyslexia, sued City College of New York, Professor Phi-Sheng Ding, Professor J. Bar-shay, and Professor Alberto Guzman for alleged violations of the ADA, Rehabilitation Act, and the Fourteenth Amendment, along with a state contract claim. Hamilton asserted that defendants failed to provide reasonable academic accommodations, specifically denying calculator use on a final exam despite his disability. Defendants moved for summary judgment, arguing Eleventh Amendment immunity for the federal claims and lack of discriminatory animus. The court granted summary judgment to defendants on all federal claims, finding no evidence of discriminatory animus or ill will required to overcome Eleventh Amendment immunity, and dismissed the state contract claim without prejudice, declining supplemental jurisdiction.

Americans with Disabilities ActRehabilitation ActEleventh Amendment ImmunitySummary JudgmentAcademic AccommodationsDyslexiaHigher EducationDue ProcessEqual ProtectionState Contract Law

References

Case No. MISSING

Regular Panel Decision

Exxon Corp. v. Shuttlesworth

This personal injury case involves an appeal by Exxon Corporation (appellant) against James and Diane Shuttlesworth (appellees). James Shuttlesworth, a pipefitter, was injured at an Exxon refinery in 1982 when a pipe shoe struck him, leading to permanent disability and an inability to work. A jury awarded the Shuttlesworths $1,500,000. Exxon appealed, arguing the jury's award for loss of earning capacity was excessive, that the trial court improperly excluded a foreman's injury report, and erred in preventing impeachment based on the appellees' financial condition. The appellate court affirmed the trial court's judgment. It found sufficient evidence to support the damages for loss of earning capacity, noting medical testimony and failed rehabilitation attempts due to age and dyslexia. The court also ruled the exclusion of the injury report was proper and, if not, harmless due to cumulative evidence. Finally, it determined that Shuttlesworth's testimony about his financial situation did not open the door for introducing evidence of collateral sources of income. The appellees' cross-point for a delay penalty was denied.

Personal InjuryNegligenceLoss of Earning CapacityDamagesEvidence ExclusionAppellate ReviewCollateral Source RuleJury AwardMedical TestimonyDyslexia

References

Showing 1-3 of 3 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Frank v. Plaza Construction Corp.

Employment DiscriminationSexual HarassmentHostile Work EnvironmentQuid Pro Quo HarassmentRetaliatory DischargeADA ClaimDyslexiaSummary Judgment MotionTitle VIINew York State Human Rights Law

Hamilton v. City College of the City University of New York

Americans with Disabilities ActRehabilitation ActEleventh Amendment ImmunitySummary JudgmentAcademic AccommodationsDyslexiaHigher EducationDue ProcessEqual ProtectionState Contract Law

Exxon Corp. v. Shuttlesworth

Personal InjuryNegligenceLoss of Earning CapacityDamagesEvidence ExclusionAppellate ReviewCollateral Source RuleJury AwardMedical TestimonyDyslexia