Cuillette v. City of Los Angeles
Defendant and appellant the City of Los Angeles (defendant) appeals from a judgment of $1,571,500 in favor of plaintiff and respondent Rory Cuiellette (plaintiff), a Los Angeles Police Department Officer, on his claim of disability discrimination under the Fair Employment and Housing Act, Government Code section 12900, et seq. (FEHA).[1] On appeal, defendant contends that the trial court erred when it granted certain of plaintiffs motions in limine because the effect of the grant was to resolve the issue of liability in plaintiffs favor; when it gave a jury instruction and verdict form that failed to require a finding of liability, thus leaving damages as the only issue for the jury; and when it denied a new trial motion. Court hold that the trial court erred in failing to instruct the jury that plaintiff had the burden of proving that he was able to perform the job of a police officer with or without reasonable accommodation, and therefore reverse the judgment.
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