Date: 03-03-2005

Case Style: Sam Clyma v. Sunoco, Inc.

Case Number: 03-CV-809-TCK-PJC

Judge: Hon. Terence Kern

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

Plaintiff's Attorney:

N. Kay Bridger-Riley of Bridger-Riley Bailey & Associates, P.C., Tulsa, Oklahoma

Defendant's Attorney:

Steven A. Broussard and Michael Lissau of HALL, ESTILL, HARDWICK, GABLE, GOLDEN & NELSON, P.C., Tulsa, Oklahoma

Description:

Wrongful Termination and Discrimination based on the American with Disabilities Act (ADA) and the Oklahoma Anti-Discrimination Act (OADA). Thirty-four year employee who lost his hearing on the job brought suit against Sunoco for its failure to accomodate his disability and wrongful termination after Defendant's announcement that they would no longer accomodate disabilities. Defendant claimed that Plaintiff was never terminated, but that Sunoco just had no work that he could do without posing a danger to himself and others. Jury Trial began February 22 and concluded on March 2, 2005 with Verdict for Plaintiff. Assessment of Front Pay and Attorney Fees will be later determined by Court.

Outcome: Plaintiff's Verdict in the amount of $155,025.00 as backpay, $217,218.00 as Compensatory damages for emotional pain and mental anguish and $100,000.00 in punitive damages. Front Pay and Attorney Fees to be assessed additionally by the Court.

Plaintiff's Experts: None

Defendant's Experts:

Charles Marshall, Ph.D., CIH, CSP, 1145 SW 74th St., Building E-300, Oklahoma City, Oklahoma 73139

Comments: Reported by N. Kay Bridger-Riley