Case: Smith v. Lattimore Materials Company, 287 F.Supp.2d 667 (E.D.Tex. 2003).
Date: March 24, 2003
Holding: Defendant's motion for summary judgment GRANTED.
Comments: This was an Americans with Disabilities Act (ADA) case in which the Plaintiff alleged a disability based upon a combination of pain from a neck and shoulder injury and depression and general anxiety arising out of military service. Magistrate Judge Bush held that the Plaintiff failed to provide summary judgment evidence that supported a claim of disability or that the Plaintiff was regarded as disabled by his employer, that the Plaintiff had not demonstrated that he was an otherwise qualified individual, that the Plaintiff, who had resigned, had not proved that he had been constructively discharged, and, finally, that the Plaintiff had failed to produce evidence showing that the Defendant's claimed legitimate non-discriminatory reason for the end of Plaintiff's employment was pretextual.