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SMITH v. THURMAN OILS, INC.

No. 2006 CA 0743.

951 So.2d 359 (2006)

Marcus L. SMITH v. THURMAN OILS, INC.

Court of Appeal of Louisiana, First Circuit.

December 28, 2006.

Attorney(s) appearing for the Case

Elizabeth Smyth Sirgo, Bradley J. Luminais, Jr., Metairie, Counsel for Plaintiff/Appellant Marcus L. Smith.

Leland R. Gallaspy, Covington, John N. Gallaspy, Bogalusa, Counsel for Defendant/Appellee Thurman Oils, Inc.

Before: CARTER, C.J., WHIPPLE and McDONALD, JJ.

McDONALD, J.

In May of 1998, Marcus L. Smith was hired by Thurman Oils, Inc., as a full-time commercial truck driver and miscellaneous laborer. His job required him to drive commercial trucks delivering fuel to customers within a 25-mile radius. In 1999, Mr. Smith was diagnosed with myotonic muscular dystrophy, which is a degenerative condition that can affect the arm and neck muscles. Mr. Smith informed his boss, Joe Hernandez, of the diagnosis. Mr. Hernandez researched...

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