WILSON v. WALLUSKI WESTERN LTD.

052427, A135805.

203 P.3d 284 (2009)

226 Or. App. 155

Boyd WILSON, Plaintiff-Appellant, v. WALLUSKI WESTERN LTD. and Versa Corporation, Defendants-Respondents.

Court of Appeals of Oregon.

Decided February 25, 2009.


Attorney(s) appearing for the Case

Barbara J. Diamond, Portland, argued the cause for appellant. With her on the briefs was Smith, Diamond & Olney.

Margaret H. Leek Leiberan, Beaverton, argued the cause for respondents. With her on the brief was Jensen & Leiberan.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.


HASELTON, P.J.

Plaintiff appeals, after a jury found in favor of defendants, plaintiff's employers, in an action that included a claim for disability discrimination under the Americans with Disabilities Act (ADA), 42 USC sections 12101 to 12213. Plaintiff contends that the trial court erred when it instructed the jury that, even if plaintiff proved that discrimination was a "motivating factor" in defendants' decision to discharge him, defendants could nevertheless...

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