Attorney Joseph M. Lovretovich Fights for Client in Disability…

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Attorney Joseph M. Lovretovich, founder of JML Law, and Jennifer A. Lipski, a senior associate at JML Law, recently won an appeal (Case No. B266534) in the California Court of Appeal for the Second Appellate District in which the appellate court reversed the trial court’s order granting summary adjudication of their client’s (plaintiff’s) disability discrimination claims against his former employer.

Court documents state that the plaintiff, a personal trainer at a gym, while adjusting weights during his floor shift was injured when a 45-pound circular weight fell onto his feet from a height of approximately three feet. After sustaining the injury, court documents claim the plaintiff worked every day he was scheduled to work, including the four consecutive days following his injury, but was terminated for allegedly not meeting performance goals.

The plaintiff sued the defendant for disability discrimination in violation of the California Fair Employment and Housing Act (FEHA), Government Code section 12900, et seq. The trial court initially granted the defendant’s motion for summary adjudication on the FEHA-based claims, concluding, court documents state, the undisputed facts established that the plaintiff did not suffer from a “disability” as defined by FEHA, and that the defendant terminated his employment for a legitimate nondiscriminatory reason.

On appeal, upon reviewing all the evidence submitted by both sides, the Court of Appeal concluded that the plaintiff had submitted sufficient evidence from which a jury could find that his employer had notice of his disability and had terminated him due to his disability and need for reasonable accommodation. Now that the trial court's grant of summary adjudication has been reversed, the case is being sent back to the Los Angeles County Superior Court so that it can be set for trial.

About Joseph M. Lovretovich and Jennifer A. Lipski, JML Law
Joseph M. Lovretovich is widely regarded as one of California’s top trial lawyers, and 100% of his practice is devoted to litigation. JML Law specializes in employment law, personal injury , and workers’ compensation. For more information, please call (818) 835-5735, or visit http://www.jmllaw.com.

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