Rare associational disability trial yields win for Kansas men

In a case handled by two Kansas City plaintiff’s attorneys, a federal jury in Kansas awarded a father-and-son pair a combined $55,750 in lost wages and damages in an Americans with Disabilities Act complaint over their dismissal from a Fort Scott oil change shop following a family member’s fatal illness.

Bourbon County residents Bronc and Seth Marmon sued RPS Auto LLC in the U.S. District Court for the District of Kansas in 2022, arguing that they were wrongly terminated after missing time from work at Strickland Brothers 10-Minute Oil Change Shop in Fort Scott following the death of Seth Marmon’s maternal grandmother, who was also Bronc Marmon’s mother-in-law.

According to the complaint, Seth Marmon’s mother (Bronc Marmon’s wife) had a stroke and lapsed into a coma two days after her own mother’s death. She was transferred for treatment to a facility in Overland Park, Kansas, where the two men joined her.

The complaint went to trial in mid-February, with the jury awarding each plaintiff $15,000 in compensatory damages and $10,000 in punitive damages. Bronc Marmon was awarded an additional $5,750 in lost wages.

“Our case was premised on the legal theory of associational disability discrimination, which is a lesser-known theory of employment law that rarely goes to trial,” said lead plaintiff’s attorney Chad Beaver. “The outcome was a well-earned vindication for two deserving clients.”

Attorneys for the defendant did not respond to requests for comment. Post-trial motions for an additional award of attorneys’ fees remain pending, Beaver added.  The total jury award compares to a final pretrial demand of $275,000 and a final pretrial offer of $60,000.

RELATED: Click to search for and submit your Verdicts & Settlements

$55,750 verdict (out of state)

Consumer protection

Breakdown: For Bronc Marmon: $5,570 for lost wages, $15,000 in compensatory damages, $10,000 for punitive damages. For Seth Marmon: $15,000 in compensatory damages, $10,000 for punitive damages

Venue: U.S. District Court for the District of Kansas

Case Number/Date: 2:22-cv-02381/Feb. 13, 2024

Judge: Kathryn Vratil

Last Pretrial Demand: $275,000

Last Pretrial Offer: $60,000

Caption: Bronc Marmon and Seth Marmon v. RPS Auto LLC

Plaintiffs’ Attorneys: Chad Beaver, Beaver Law Firm, Kansas City; Lewis Galloway, LG Law, Kansas City

Defendant’s Attorneys: Justin Dean, Ogletree Deakins, Kansas City; Michael L. Matula, Kansas City