Ehrle v. Bank Building & Equipment Corp. of America

McMILLIAN, Judge.

Defendant, Bank Building and Equipment Corporation of America (Bank Building), appeals from a declaratory judgment and award of damages entered by the St. Louis City Circuit Court in which the court found that Bank Building had wrongfully excluded plaintiff, Charles Ehrle, from participation in its Disability Program. Plaintiff was awarded damages in the sum of $46,091.44, including prejudgment interest. This core issue for us to resolve is whether or not plaintiff’s acceptance of benefits under Bank Building’s Pension Plan precluded his recovery under its Disability Program.…