DARTT v. BROWNING-FERRIS INDUSTRIES, INC. (MASS.)


427 Mass. 1 (1998)

BRIAN A. DARTT v. BROWNING-FERRIS INDUSTRIES, INC. (MASS.).

Supreme Judicial Court of Massachusetts, Suffolk.

February 26, 1998.


Attorney(s) appearing for the Case

Paul J. Murphy (Theodore E. Daiber with him) for the defendant.

Kevin G. Powers for the plaintiff.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.


MARSHALL, J.

We clarify today the prima facie standard a plaintiff must meet to establish liability in a case involving a claim of handicap discrimination in violation of G. L. c. 151B, § 4 (16).1 The defendant, Browning-Ferris Industries, Inc. (Mass.) (BFI), appeals from a jury verdict that it unlawfully fired the plaintiff, Brian A. Dartt, because of a handicap, an earlier work-related injury...

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