SMITH v. BELL ATLANTIC

No. 03-P-1522.

63 Mass. App. Ct. 702 (2005)

DOREEN M. SMITH v. BELL ATLANTIC & another.

Appeals Court of Massachusetts, Middlesex.

June 10, 2005.


Attorney(s) appearing for the Case

Laura R. Studen (Shepard Davidson with her) for the plaintiff.

Barry A. Guryan for the defendants.

Present: LENK, GRASSO, & COHEN, JJ.


COHEN, J.

In this action brought pursuant to G. L. c. 151B, § 9, a jury awarded damages to the plaintiff, Doreen Smith, on account of the failure of her employer, the defendant telephone company (company), to reasonably accommodate her handicap, in violation of G. L. c. 151B, § 4(16). After concluding that the opinion of Smith's medical expert was deficient and had to be struck, the trial judge allowed the company's motion for judgment notwithstanding the...

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