Legal Opinion

Fail v. Community Hospital

Colorado Court of Appeals

Decided November 24, 1997No. 96CA0004PublishedCited by 7 opinions

1Opinion of the Court

Opinion by

Judge ROY.

Defendant, Community Hospital (hospital), appeals the judgment entered on a jury verdict awarding damages to plaintiff, Erika Fail, on her claim under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq. (1994). Plaintiff cross-appeals the court’s order regarding prejudgment interest and attorney fees. We affirm.

The hospital employed plaintiff for almost nine years, during which time plaintiff worked in a variety of positions, including dietary aide, emergency room clerk, and rehabilitation aide. While in her last position, plaintiff developed a hernia and…

2Cases cited31 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Price Waterhouse v. HopkinsSupreme Court of the United States · 1989
  3. Kaiser Aluminum & Chemical Corp. v. BonjornoSupreme Court of the United States · 1990
  4. Linda M. Kocsis v. Multi-Care Management, Inc., D/B/A Bath Manor Special Care CentreCourt of Appeals for the Sixth Circuit · 1996
  5. Adams Fruit Co. v. BarrettSupreme Court of the United States · 1990

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3Cited by7 opinions

  1. Community Hospital v. FailSupreme Court of Colorado · 1998
  2. Board of County Commissioners v. Kraft Building ContractorsColorado Court of Appeals · 2005
  3. Bailey v. Airgas-Intermountain, Inc.Colorado Court of Appeals · 2010
  4. A. Tenenbaum & Co., Inc. v. ColantunoColorado Court of Appeals · 2000
  5. Cook v. Rockwell International Corp.District Court, D. Colorado · 2008

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