WILLIAMS v. CHARLESTON AREA MED. CENTER

No. 31227.

592 S.E.2d 794 (2003)

215 W.Va. 15

Frederick J. WILLIAMS, Plaintiff Below, Appellant, v. CHARLESTON AREA MEDICAL CENTER, INC., a West Virginia Corporation, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided October 10, 2003.

Concurring Opinion of Chief Justice Starcher December 12, 2003.


Attorney(s) appearing for the Case

Roger D. Forman, Forman & Crane, L.C., Ellen F. Golden, Golden Law Office, PLLC, Charleston, West Virginia, Attorneys for the Appellant.

Stephen A. Weber, Jill D. Sinatra, Kay Casto & Chaney PLLC, Charleston, West Virginia, Attorneys for the Appellee.


DAVIS, Justice:

Frederick Williams, who is an individual with a disability, appeals a verdict in favor of his employer, Charleston Area Medical Center, in his action claiming failure to accommodate under the West Virginia Human Rights Act. At trial, the jury found that climbing a ladder and working overhead were essential functions of the job held by Mr. Williams prior to his disability. Because we find that an employer...

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