Legal Opinion

Thomas Dewalt v. Davidson Surface Air and Donald Davidson

Missouri Court of Appeals

Decided September 23, 2014No. ED101245PublishedCited by 8 opinions

1Opinion of the Court

ROBERT G. DOWD, JR., Judge.

Thomas DeWalt appeals from the judgment awarding him attorneys’ fees at trial and on appeal. He claims the trial court abused its discretion in awarding only some of the .fees he requested. We affirm in part and reverse in part.

DeWalt was a driver for a trucking company owned by Donald Davidson. During his employment, DeWalt was diagnosed with a brain tumor that restricted his ability to drive long distances. When DeWalt was unable to accept long distance delivery assignments, the employer repeatedly refused to give him available local deliveries or other jobs,…

2Cases cited15 opinions

  1. Marek v. ChesnySupreme Court of the United States · 1985
  2. Daugherty v. City of Maryland HeightsSupreme Court of Missouri · 2007
  3. Kansas City v. Keene Corp.Supreme Court of Missouri · 1993
  4. Williams v. Trans States Airlines, Inc.Missouri Court of Appeals · 2009
  5. Charles v. DaleyCourt of Appeals for the Seventh Circuit · 1988

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3Cited by8 opinions

  1. Delise diaz v. Autozoners, LLC, D/B/A AutozoneMissouri Court of Appeals · 2015
  2. Holmes v. Kan. City Pub. Sch. Dist.Missouri Court of Appeals · 2018
  3. Kenneth Ferguson v. Curators of Lincoln University, In Their Official Capacities, a/k/a Lincoln UniversityMissouri Court of Appeals · 2016
  4. Hesse v. Missouri Department of CorrectionsMissouri Court of Appeals · 2017
  5. HARLEY ROGERS, Plaintiff-Respondent v. SUPERIOR METAL, INC., RANDY MUELLER, and JONATHAN HOLTZMANMissouri Court of Appeals · 2016

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