Saturday, June 30, 2007

Graubart v. So. Hills Veterinary Hospital, Inc., 06-347-JHP


Former veterinary employee claimed employer interfered with leave under the FMLA and did not provide reasonable accommodation under the ADA.

HELD: Vet did not employ the minimum number of employees (15) determined necessary to handle the "many nuanced requirements" of the statutes.

O’Neal v. Fidelity, 06-184-TCK


Employee of an Arkansas survey company made UM claim on the company policy after being struck by car while looking through his survey glass. Insurance Co. denied the claim on grounds that Employee was not using the covered vehicle at the time of the accident.

HELD: Connection between Employee vehicle use and accident was too remote to be considered a covered use. That Employee was looking through his survey glass at the time precludes argument that vehicle was in play.