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SMITH v. YELLOW FREIGHT SYSTEM, INC.

No. 75-1570.

536 F.2d 1320 (1976)

Gerald E. SMITH, Sr., Plaintiff-Appellant, v. YELLOW FREIGHT SYSTEM, INC., et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 21, 1976.

Attorney(s) appearing for the Case

L. R. Magee, Prairie Village, Kan., for plaintiff-appellant.

John J. Kitchin, Kansas City, Mo. (John J. Jurcyk, Jr., Kansas City, Kan., on the brief), for defendants-appellees.

Before HILL and SETH, Circuit Judges, and TEMPLAR, District Judge.

HILL, Circuit Judge.

Appellant Gerald E. Smith, Sr., was employed by appellee Yellow Freight System, Inc., as a road truck driver from about May 20, 1968, until late January 1971. In January 1971, appellant was involved in a truck collision which caused considerable damage to his employer's equipment and injuries to appellant. Appellant was discharged following the accident "for having two chargeable accidents within a five month period."1

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