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Truckdriver fired after suffering possible stroke cannot sue for wrongful termination

Keith Montgomery sued his employer, the Larry Ross Garage in Wayne County, after his employment was terminated.  He had complained of chest pain and numbness on the left side of his body, admitted himself to the Emergency Room, and his physician deemed it necessary to confirm that he had not suffered a stroke.  After concluding that Montgomery had not suffered a stroke, the doctor wrote a letter to his employer confirming that Montgomery could return to work "without restrictions."   Nevertheless, his employment was immediately terminated, and various conflicting explanations for the termination were offered.

Montgomery filed suit under Michigan's Persons With Disabilities Civil Rights Act, alleging that he had been wrongly fired because of a perceived disability.  Unfortunately, his case was assigned to a Court of Appeals panel that included both Kirsten F. Kelly and Henry Saad.  Both of these judges are notoriously insurance-oriented and anti-consumer.  They upheld the summary disposition of Montgomery's claim, despite the employer's contradictory and inconsistent testimony.  The opinion offered by these two judges ruled that Montgomery "could not establish that defendant regarded plaintiff as disabled under the PWDCRA or that his alleged disability was unrelated to his ability to perform his job."  They were so certain of this conclusion that they denied Montgomery the opportunity to attempt to prove his claim.
Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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