Lee v. Government of D.C., No. 13-7123 (D.C. Cir. 2015)
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This appeal arose from an Americans with Disabilities Act (ADA), 42 U.S.C. 12102 et seq., discrimination suit in which a jury returned a verdict finding that plaintiff, a diabetic, was not disabled within the meaning of the ADA. In this case, the district court correctly concluded that there was evidence presented at trial that plaintiff could control his diabetes by eating
three meals a day, plus snacks, and taking his medication. The court concluded that there is no good reason to assume that the jury was misled by the Sutton v. United States Air Lines, Inc. instruction given by the district court where the jury had before it sufficient evidence to determine that plaintiff was allowed to eat his regular meals and snacks, and thus conclude that he did not have a disability under the ADA. Accordingly, the court affirmed the judgment of the district court.
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