Legal Opinion · Concurring in part, dissenting in part

City of Houston v. Shayn A. Proler

Texas Court of Appeals, 14th District (Houston)

Decided May 31, 2012No. 14-10-00971-CVPublished

1Concurring in part, dissenting in partKem Thompson Frost, Justice

Applicable law imposes a demanding standard for reviewing the sufficiency of the evidence supporting the jury’s finding that the City of Houston regarded its firefighter Shayn A. Proler as having a physical or mental impairment that substantially limited a major life activity. Under this tough standard, the trial evidence would not allow reasonable and fair-minded people to find that the City actually regarded Proler as having a physical or mental impairment that substantially limited a major life activity. Accordingly, this court should sustain the City’s first issue challenging the legal…

2Cases cited16 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Toyota Motor Manufacturing, Kentucky, Inc. v. WilliamsSupreme Court of the United States · 2002
  3. Albertson's, Inc. v. KirkingburgSupreme Court of the United States · 1999
  4. Dutcher v. Ingalls ShipbuildingCourt of Appeals for the Fifth Circuit · 1995
  5. Equal Employment Opportunity Commission v. Agro Distribution, LLCCourt of Appeals for the Fifth Circuit · 2009

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