Smith v. Bell Atlantic

In this action brought pursuant to G. L. c. 151B, § 9, a jury awarded damages to the plaintiff, Doreen Smith, on account of the failure of her employer, the defendant telephone company (company), to reasonably accommodate her handicap, in violation of G. L. c. 151B, § 4(16). After concluding that the opinion of Smith’s medical expert was deficient and had to be struck, the trial judge allowed the company’s motion for judgment notwithstanding the verdict as to Smith’s claims for future damages; however, the judge refused to disturb the jury’s award for emotional distress suffered by Smith…