Facts

Plaintiff Roosevelt Wilkerson was employed by Defendant AC Transit as a coach operator from 1968 to 2002. The plaintiff was eventually promoted to a transportation supervisor. In the 1980s, he became disabled after suffering both work and non-work related injuries to his back. At first, the defendant accommodated the plaintiff's disability. However, starting in 2001, the defendant started assigning the plaintiff to vehicles that did not have elevated seats and back supports. Because the lack of support worsened the plaintiff's condition, he was unable to operate the vehicles and took a leave of absence from work because the defendant refused to provide him with further accommodations. The plaintiff was eventually terminated by the defendant for abandonment of his job. The plaintiff filed claims with the defendant and the Dept. of Fair Employment and Housing.

PLAINTIFF'S CONTENTIONS:
the plaintiff contended that he could adequately perform his job if he was provided elevated seats and back supports. He further contended that the defendant terminated his employment because of his disability and/or his race.

DEFENDANT'S CONTENTIONS:
the defendant claimed that the nature of the plaintiff's work as a coach operator and supervisor required heavy operation of the vehicles in question. Further, the plaintiff failed to provide documented evidence of his medical condition after he claimed he could no longer work because of his disability. As a result, the plaintiff was terminated after receiving notice.

Specials in Evidence

The plaintiff sought an unspecified amount of damages for lost wages.

Damages

The plaintiff sought damages for emotional distress, pain and suffering and attorney fees.

Injuries

The plaintiff suffered from emotional distress, embarassment and pain and suffering.

Result

Defense verdict.

Length

three weeks