VERDICT AND ATTORNEY FEE AWARD OVER $500,000.00: FEDERAL JURY AWARD OF SIGNIFICANT DAMAGES FOR EMOTIONAL DISTRESS DAMAGES OBTAINED BY GAFKAY & GARDNER, PLC
This case involved a Michigan State Police Officer who was hired in 1977 and forced to retire on October 1, 2007. The Plaintiff held the position of Operations Lieutenant at the time of his forced retirement. The Plaintiff alleged that he was forced to retire because the Department of State Police perceived him to be disabled and unable to perform the essential functions of his position. The Plaintiff's own physician concluded that he was able to perform the essential functions of his position. Despite this, after the Department of State Police's independent medical examiner concluded that the Plaintiff was not able to perform all the essential functions of a State Trooper, the Plaintiff was forced to retire and terminated by his employment.
The Jury found for the Plaintiff in a trial in April of 2010. The jury unanimously found for the Plaintiff on his Americans with Disabilities Act claim and awarded him past and future emotional distress damages in the amount of $426,000.00. Post-Judgment motions were filed, including a motion for attorney fees and costs under the ADA. In September of 2011, the Judge issued an order awarding attorney fees and costs in the amount of $83,413.86.
This case involved a Michigan State Police Officer who was hired in 1977 and forced to retire on October 1, 2007. The Plaintiff held the position of Operations Lieutenant at the time of his forced retirement. The Plaintiff alleged that he was forced to retire because the Department of State Police perceived him to be disabled and unable to perform the essential functions of his position. The Plaintiff's own physician concluded that he was able to perform the essential functions of his position. Despite this, after the Department of State Police's independent medical examiner concluded that the Plaintiff was not able to perform all the essential functions of a State Trooper, the Plaintiff was forced to retire and terminated by his employment.
The Jury found for the Plaintiff in a trial in April of 2010. The jury unanimously found for the Plaintiff on his Americans with Disabilities Act claim and awarded him past and future emotional distress damages in the amount of $426,000.00. Post-Judgment motions were filed, including a motion for attorney fees and costs under the ADA. In September of 2011, the Judge issued an order awarding attorney fees and costs in the amount of $83,413.86.
