United States District Court, D. Maryland
LARRY R. BINGMAN Plaintiff
BALTIMORE COUNTY, MARYLAND Defendant
MEMORANDUM AND ORDER RE: POST TRIAL MOTION
J. Garbis, United States District Judge
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.
brief,  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
1. Has Plaintiff Larry Bingman proven, by a preponderance of
the evidence, that Baltimore County, Maryland, wrongfully
terminated his employment?
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?
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?
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?
6. What amount of damages, if any, do you award Plaintiff
Larry Bingman on this claim?
Verdict, ECF No. 89.
instant motion, the County seeks to have the Court grant it
judgment as a matter of law, a new trial, or to reduce
of the Federal Rules of Civil Procedure provides, in
(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
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