Schmit v. Trimac Transportation Inc., No. 5:2023cv05014 - Document 18 (D.S.D. 2023)
Court Description: MEMORANDUM OPINION AND ORDER granting in part and denying in part 8 Motion to Dismiss. Signed by U.S. District Judge Charles B. Kornmann on 06/13/2023. (KLE)
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Schmit v. Trimac Transportation Inc. Doc. 18 Case 5:23-cv-05014-CBK Document 18 Filed 06/13/23 Page 1 of 10 PageID #: 213 UNITED STATES DISTRICT COURT 'JUN I 3 2023 DISTRICT OF SOUTH DAKOTA WESTERN DIVISION JASON SCHMIT, 5;23-CV-05014-CBK Plaintiff, MEMORANDUM OPINION AND ORDER vs. TRIMAC TRANSPORTATION INC., Defendant. Plaintiff Jason Schmit brings this action against defendant Trimac Transportation, Inc. alleging violations ofthe Americans with Disabilities Act and South Dakota state employment law. This matter is before the Court on the defendant's motion to dismiss. I. Background Mr. Schmit drove truck for Trimac Transportation, a freight carrier. At some point during his term of employment, Mr. Schmit was diagnosed with Parkinson's Disease. Accordingly, Mr. Schmit requested accommodations that he alleges Trimac initially accepted. Mr. Schmit alleges that after several years of Trimac accommodating his work restrictions, he received a new supervisor, Mr. Gene Williams, who made it clear that he would not accommodate Mr. Schmit's disability. After much discussion with Trimac, Mr. Schmit formalized his accommodations. But Mr. Schmit alleges that his new supervisor did not abide by the agreed upon accommodations and assigned him new tasks that he was not previously responsible for while generally treating him differently than other drivers. Several months later after a day's work, Mr. Schmit parked his truck on Trimac's premises as he customarily did, expressed his distaste with how Trimac was treating him to a colleague, and took his personal belongings from the truck. Mr. Schmit apparently believed that his truck was being serviced and that he did not need to return to work until he received a call from Trimac informing him that the truck was ready. After Dockets.Justia.com Case 5:23-cv-05014-CBK Document 18 Filed 06/13/23 Page 2 of 10 PageID #: 214 Case 5:23-cv-05014-CBK Document 18 Filed 06/13/23 Page 3 of 10 PageID #: 215 Case 5:23-cv-05014-CBK Document 18 Filed 06/13/23 Page 4 of 10 PageID #: 216 Case 5:23-cv-05014-CBK Document 18 Filed 06/13/23 Page 5 of 10 PageID #: 217 Case 5:23-cv-05014-CBK Document 18 Filed 06/13/23 Page 6 of 10 PageID #: 218 Case 5:23-cv-05014-CBK Document 18 Filed 06/13/23 Page 7 of 10 PageID #: 219 Case 5:23-cv-05014-CBK Document 18 Filed 06/13/23 Page 8 of 10 PageID #: 220 Case 5:23-cv-05014-CBK Document 18 Filed 06/13/23 Page 9 of 10 PageID #: 221 Case 5:23-cv-05014-CBK Document 18 Filed 06/13/23 Page 10 of 10 PageID #: 222
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