Legal Opinion
Davidson v. Shoney's Big Boy Restaurant
West Virginia Supreme Court
Decided April 21, 1989No. 18669PublishedCited by 18 opinions
1Opinion of the Court
MILLER, Justice.
In this appeal, we are asked to determine if the discharge of a person having petit mal epilepsy was a violation of the City of Charleston’s human rights ordinance. The Circuit Court of Kanawha County concluded that the discharge was warranted because the test was whether there was a reasonable possibility of injury to herself or others. We disagree as we believe the more appropriate test is whether there was a reasonable probability of injury to herself or others. Moreover, we believe that under the evidence, no such showing has been made under either test.
An excellent…
2Cases cited20 opinions
- School Bd. of Nassau Cty. v. ArlineSupreme Court of the United States · 1987
- Bonnie Mantolete v. William G. Bolger, in His Capacity as Postmaster General, United States Postal ServiceCourt of Appeals for the Ninth Circuit · 1985
- Foods, Inc. v. Iowa Civil Rights CommissionSupreme Court of Iowa · 1982
- Jansen v. Food Circus Supermarkets, Inc.Supreme Court of New Jersey · 1988
- Treadwell v. AlexanderCourt of Appeals for the Eleventh Circuit · 1983
15 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Skaggs v. Elk Run Coal Co., Inc.West Virginia Supreme Court · 1996
- Stone v. St. Joseph's Hosp. of ParkersburgWest Virginia Supreme Court · 2000
- EQT Production Company v. Matthew WenderCourt of Appeals for the Fourth Circuit · 2017
- Woods v. Jefferds Corp.West Virginia Supreme Court · 2019
- EQT Production Co. v. WenderDistrict Court, N.D. West Virginia · 2016
13 more not listed; retrieve them via the Exa API.