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Employer – Employee: Age Discrimination – Instruction – But/For Causation
Stephanie Maniscalco//October 10, 2012//
Where two pharmacy technicians brought an action for age discrimination after they were fired, instructing juries on but/for causation even when concerned about a possible misstatement of the law should be avoided, and judgment for the employer is reversed and remanded for a new trial because the trial court’s curative instruction deviated from the appropriate Missouri Approved Instruction when it instructed the jury that the plaintiffs must prove that but for their age, they would not have been terminated.
Judgment is reversed and remanded.
Thomas v. McKeever’s Enterprises, Inc. (MLW No. 64254/Case No. WD73675 – 18 pages) (Missouri Court of Appeals, Western District, Ellis, J.) Appealed from circuit court, Jackson County, Manners, J. (Amy K. Maloney, Anne W. Schiavone and Matt J. O’Laughlin, for appellants) (Paul D. Seyferth, Michael L. Blumenthal and Brent N. Coverdale for respondents).
Read the full text of this opinion. (PDF)
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