LARRY S. SMITH v. NEWPORT UTILITIES - Articles

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LARRY S. SMITH v. NEWPORT UTILITIES

Posted by: Azya Thornton on Feb 27, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: Jeffrey C. Taylor, TAYLOR LAW FIRM, Morristown, Tennessee, Ben W. Hooper, III, CAMPBELL & HOOPER, Newport, Tennessee, for Appellant.

Attorneys 2: Mark E. Stamelos, Paige M. Lyle, FORDHARRISON LLP, Nashville, Tennessee, for Appellee.

Judge(s): SUTTON, Chief Judge; KETHLEDGE and MURPHY, Circuit Judges

Court Appealed: United States District Court for the Eastern District of Tennessee at Greeneville

MURPHY, Circuit Judge. For many decades, Larry Smith provided valuable service to his employer, Newport Utilities, by repairing downed powerlines during weather emergencies. Eventually, however, Smith began to suffer from seizures. When he had two on-the-job incidents within months of each other, Newport Utilities put him on leave and later forced him to retire. Smith sued Newport Utilities under the Americans with Disabilities Act (ADA), alleging that it had discriminated against him based on his disability. But the district court held that Smith posed a safety threat in his position and that Newport Utilities could not reasonably accommodate him. We agree and so affirm the court’s grant of summary judgment to the company.

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