DAVIDSON v. SHONEY'S BIG BOY RESTAURANT

No. 18669.

380 S.E.2d 232 (1989)

Kim DAVIDSON v. SHONEY'S BIG BOY RESTAURANT, the City of Charleston Human Rights Commission, et al.

Supreme Court of Appeals of West Virginia.

April 21, 1989.


Attorney(s) appearing for the Case

Carter Zerbe, Charleston, for Kim Davidson.

Fred F. Holroyd, Holroyd & Yost, Charleston, for Shoney's Big Boy.

No appearance for city of Charleston.


MILLER, Justice.

In this appeal, we are asked to determine if the discharge of a person having petit mal epilepsy was a violation of the City of Charleston's human rights ordinance. The Circuit Court of Kanawha County concluded that the discharge was warranted because the test was whether there was a reasonable possibility of injury to herself or others. We disagree as we believe the more appropriate test is whether there was a reasonable probability

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