Truck Driver Wins $109,000 In Wrongful Suspension Case

By Daniel Hawn

Published on November 30, 2005

A jury in Portland, Oregon awarded $109,000 to a trucker whose employer suspended him for being overweight.

The recipient of the award was John McDuffy.

In May 2004, McDuffy, who worked for Interstate Distributor of Tacoma, Washington, was given a smaller truck than he was used to. The truck had a damaged steering wheel, and McDuffy was unable to fit inside the cab.

After he told his superiors of these matters, McDuffy was placed on suspension without compensation.

Later that month, the company gave McDuffy a larger truck. Ten days after this, however, Interstate human-resources director, Lani Dalich, told McDuffy that he was again being suspended, this time until a doctor cleared him for work.

Dr. Timothy Craven evaluated McDuffy and diagnosed him as morbidly obese. Craven informed Interstate, however, that McDuffy could perform the basic functions of his job.

When Interstate refused to reinstate McDuffy's employment, McDuffy hired an attorney brought them to court.

During the trial, jurors were shown a videotape of McDuffy at work. Although he weighed 550 pounds, McDuffy was able to operate the truck effectively.

Jurors took less than four hours to deliberate before they made the award in McDuffy's favor.

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