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Date: 04-18-2002

Case Style: Brent E. Tesh v. United States Postal Service

Case Number: 01-CV-99

Judge: Claire V. Eagan

Court: United States District Court for the Northern District of Oklahoma

Plaintiff's Attorney: David W. Davis of Davis Champ & Associates, Tulsa, Oklahoma

Defendant's Attorney: Cathryn Dawn McClanahan, United States District Attorney's Office, Tulsa, Oklahoma and C. Denean Avery, United States Postal Service, Dallas, Texas

Description: Fifty-year-old postal letter carrier claimed that he was wrongfully terminated for dishonestly attempting to influence his doctor relating his disability claim. Plaintiff claimed that he sustained knee injuries on the job when a dog while delivering mail chased him. He underwent knee replacement surgery and was placed on light duty. The Postal Service then attempted to assign him to the graveyard shift at the downtown Tulsa postal processing center casing mail. This job would have required him to stand on his feet for almost the entire shift. His supervisor caught him faxing suggested restrictions to his doctor and he was fired for dishonesty.

Outcome: Plaintiff's verdict for $25,000 for emotional distress and compensatory damages. Plaintiff is also entitled to backpay damages which may total $150,000.00.

Plaintiff's Experts: Unavailable

Defendant's Experts: Unavailable

Comments: None



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