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Bingman v. Baltimore County

United States District Court, D. Maryland

January 25, 2017

LARRY R. BINGMAN Plaintiff
v.
BALTIMORE COUNTY, MARYLAND Defendant

          MEMORANDUM AND ORDER RE: POST TRIAL MOTION

          Marvin J. Garbis, United States District Judge

         The Court has before it Baltimore County's Motion for Judgment Pursuant to Rule 50 Or In The Alternative, Motion for New Trial Pursuant to Rule 59 [ECF No. 108] and the materials submitted relating thereto. The Court finds that a hearing is not necessary.

         I. BACKGROUND

         In brief, [1] Plaintiff Larry R. Bingman (“Bingman”) has sued his former employer for violating the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq., seeking reinstatement, compensatory damages for mental anguish and hardship, punitive damages, and attorneys' fees. At trial, the jury answered the questions stated on the verdict form as follows:

SECTION ONE - WRONGFUL DISCHARGE CLAIM
A. LIABILITY
1. Has Plaintiff Larry Bingman proven, by a preponderance of the evidence, that Baltimore County, Maryland, wrongfully terminated his employment?
YES
B. ECONOMIC DAMAGES
2. What amount, if any, of lost wages and benefits do you find that Plaintiff Larry Bingman has proven by a preponderance of the evidence?
3. Has Baltimore County proven by a preponderance of the evidence that, for any time between the date of his termination to today, Plaintiff Larry Bingman failed to make a reasonable effort to obtain work that was available to him?
YES
a. If so, for what period of time has Baltimore County proven by a preponderance of the evidence that he failed to make a reasonable effort to obtain work that was available to him?
218 WEEKS
b. By how much, if any, do you find that Baltimore County has proven by a preponderance of the evidence that Mr. Bingman's economic damages should be reduced?
C. NON-ECONOMIC DAMAGES
4. What amounts, if any, do you award Plaintiff Larry Bingman for non-economic damages?
$298, 000.00 SECTION TWO - Medical-Related Claims 5. Has Plaintiff Larry Bingman proven, by a preponderance of the evidence, that Baltimore County, Maryland wrongfully obtained a medical examination or made a wrongful inquiry?
YES
6. What amount of damages, if any, do you award Plaintiff Larry Bingman on this claim?
$6, 000.00

         Jury Verdict, ECF No. 89.

         By the instant motion, the County seeks to have the Court grant it judgment as a matter of law, a new trial, or to reduce Plaintiff's recovery.

         II. LEGAL STANDARDS

         Rule 50 of the Federal Rules of Civil Procedure provides, in pertinent part:

(a) Judgment as a Matter of Law.
(1) In General. If a party has been fully heard on an issue during a jury trial and the court finds that a reasonable jury would not have a legally sufficient evidentiary basis to find for the party on that issue, the court may:
(A) resolve the issue against the party; and
(B) grant a motion for judgment as a matter of law against the party . . . .
(2) Motion. A motion for judgment as a matter of law may be made at any time before the case is submitted to the jury. . . .
(b) Renewing the Motion After Trial; Alternative Motion for a New Trial.
If the court does not grant a motion for judgment as a matter of law made under Rule 50(a), the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. No later than 28 days after the entry of judgment . . . . In ruling on the renewed motion, the court may:
(1) allow judgment on the verdict, if the jury returned a ...

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