X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A jury ruled Thursday that McDonald’s Corp. discriminated against a restaurant manager who claimed he was forced out of his job after the company learned he had AIDS. The jury awarded Russell Rich of Akron, Ohio, $490,000 in damages in the second trial on his claim against the fast-food chain. Rich, 41, won $5 million in a 2001 trial, but that verdict was overturned on appeal, based on faulty jury instructions from the judge. Rich’s lead attorney, Paige Martin, said she would appeal the amount of the damages based on alleged errors by the judge in the latest case, retired appeals court Judge John T. Patton. She said the errors included the failure to let the jury decide to award more damages based on costly state-provided prescription coverage that would be lost with a higher income. The judge could not be reached for comment. Calls to his office went unanswered after regular business hours, and a message was left at his home Thursday evening. But beyond the damages issue, “I’m delighted the jury found McDonald’s discriminated against my client a second time,” Martin said. McDonald’s said it might appeal. “We are clearly disappointed with the jury’s verdict in this case,” spokesman Bill Whitman said. “As we have stated from the beginning of this case, Mr. Rich’s allegations are baseless and without merit.” Rich started working the cash register at a franchised McDonald’s at age 13 and put in 21 years with the hamburger giant, eventually becoming manager of a restaurant that McDonald’s owns. Then, he contends, he was pressured to resign in 1997 because he has AIDS. Left without health insurance, Rich said he nearly died from the illness. Lawyers for Oak Brook, Ill.-based McDonald’s said earlier the company was open to settling the case. But Martin called McDonald’s $300,000 offer inadequate. Copyright 2005 Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.