Legal Opinion

Kitchen v. Summers Continuous Care Center, LLC

District Court, S.D. West Virginia

Decided May 12, 2008No. 1:06-mj-00022PublishedCited by 24 opinions

1Opinion of the Court

AMENDED MEMORANDUM OPINION 1

THOMAS E. JOHNSTON, District Judge.

Plaintiff Barbara Kitchen brings this action against Defendant Summers Nursing and Rehabilitation Center, LLC (formerly known as Summers Continuous Care Center, LLC) (Summers) alleging wrongful discharge and failure to accommodate in violation of the Americans with Disabilities Act (ADA) and the West Virginia Human Rights Act (WVHRA). 2 Pending before the Court is Summers’ Motion for Sum mary Judgment [Docket 80]. For the reasons stated below, the motion is GRANTED.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

On May 1, 2005,…

2Cases cited33 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Zipes v. Trans World Airlines, Inc.Supreme Court of the United States · 1982
  4. Perini Corporation v. Perini Construction, Inc.Court of Appeals for the Fourth Circuit · 1990
  5. Mary M. Tyndall v. National Education Centers, Incorporated of California, T/a Kee Business College Campus National Education Centers, IncorporatedCourt of Appeals for the Fourth Circuit · 1994

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3Cited by24 opinions

  1. Peninsula Regional Medical Center v. AdkinsCourt of Appeals of Maryland · 2016
  2. Ainsworth v. Loudon County School BoardDistrict Court, E.D. Virginia · 2012
  3. Carnicella v. Mercy HospitalSupreme Judicial Court of Maine · 2017
  4. Equal Employment Opportunity Commission v. Methodist Hospitals of DallasDistrict Court, N.D. Texas · 2016
  5. Hawkins v. Rockville Printing & Graphics, Inc.Court of Special Appeals of Maryland · 2009

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