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Carmona v. Southwest Airlines Co.

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REVISED April 12, 2010

Before GARWOOD, OWEN, and SOUTHWICK, Circuit Judges.

Plaintiff-appellant, Edward Carmona, sued defendant-appellee, Southwest Airlines Co. (Southwest), claiming that the termination of his employment violated Title VII of the Civil Rights Act of 1964 (Title VII) and the Americans with Disabilities Act (ADA). The case was tried before a jury, which found that Southwest had discriminated against Carmona because of his disability and awarded him $80,000.00 in lost wages. The jury found no liability on Carmona’s Title VII claim. The district court accepted the jury’s verdict on Carmona’s Title VII claim, vacated the jury’s verdict on Carmona’s ADA claim, and granted judgment as a matter of law to Southwest. Carmona now appeals. For the following reasons, we reverse in part, vacate in part, and remand.

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