Facts

Plaintiff Marcia Sandell was an x-ray technician at the medical office of defendants Stephen Kay and Irwin Bliss. The plaintiff sued defendants for wrongful termination, retaliation, and disability discrimination.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended she requested accommodation after sustaining a back injury. She asked for assistance in regards to tasks involving bending, stooping, and lifting heavy materials. Instead, defendants terminated her employment because she reported a workplace hazard, a broken x-ray control that exposed patients to excessive radiation. Plaintiff also alleged she was terminated based on her gender and age.

DEFENDANTS' CONTENTIONS:
The defendants contended plaintiff worked three weeks per year, for 10 years, until 2003. She then worked full time from 2003 to 2006. The defendants terminated plaintiff for lawful reasons, not based on plaintiff's age, sex, or disability. In fact, they attempted to accommodate her back injury. The defendants believed plaintiff was a technically skilled employee but regularly caused problems and was a disruptive force in the workplace. Defendants' decision to fire plaintiff was not related to her claimed disability.

Result

After a three week trial, the jury deliberated for two hours and returned a defense verdict. A judgment for costs in the amount of $23,749.33 was entered against plaintiff.