By Amanda Ottaway

Law360 (November 17, 2020, 4:50 PM EST) -- A federal jury in Seattle has said FedEx Freight should cough up over $6.85 million in damages after a Zoom trial in a disability bias suit brought by a driver who claimed the company wouldn't let him drive trucks because of a bad knee.

The eight-person jury sided with David Goldstine on Monday after two days of deliberation, concluding he had proved his discrimination and retaliation claims under the Americans With Disabilities Act and the Washington Law Against Discrimination.

"The law is clear. Employers must never force out an employee because of a disability if the employee can do the job," said one of Goldstine's attorneys, Beth Bloom of Bloom Law PLLC, in a statement. "We hope this verdict is a reminder to all employers: do not underestimate the capabilities of those with disabilities."

Monday's verdict came after an eight-day virtual trial and over two years of litigation. Goldstine first sued in Washington state court in August 2018, alleging he was improperly medically decertified and prevented from driving for FedEx Freight even though he had passed a physical exam.

According to his complaint, veteran driver Goldstine was assigned to deliver a broken truck trailer to Portland in early April 2017. A supervisor then accused him of not doing his job because he had not tried to close the defective trailer door, to which Goldstine allegedly responded that it would have been tough to climb into the trailer because of his bad knee. He had the joint replaced in 2010, the suit said.

Another supervisor allegedly told Goldstine, "If you have any limitation that prevents you from closing that door, we need to note that and you may need to find another job."

Though Goldstine said he just passed a company physical the previous month, FedEx allegedly decertified him from driving after the trailer incident. FedEx also falsely accused Goldstine of not disclosing his bad knee to the doctor who examined him in April and would not accept his clearance to get back on the road, according to the complaint.

Both Bloom and co-counsel Ada Wong of AKW Law PC said in phone interviews Tuesday that they expect FedEx to appeal the verdict, with Wong noting the shipping giant had "adamantly" requested that the trial not be held over Zoom, an accommodation for the COVID-19 pandemic.

Counsel for FedEx did not immediately respond to requests for comment Tuesday.

"While we respect the judicial process, we are disappointed with the jury's verdict," FedEx Freight spokesperson Kelly Cargill Crow said in an emailed statement Tuesday. "Mr. Goldstine was removed from driving while his medical restrictions were assessed, but refused to return to work after he was medically cleared. We are considering our legal options including an appeal. FedEx Freight does not tolerate discrimination or retaliation."

In a statement through his lawyers Monday, Goldstine said he just wanted to prove himself.

"I brought this lawsuit because I want everyone to know that people with disabilities are worthy of the same opportunities to work," he said. "My knee condition has slowed me down but it has never kept me from working as a truck driver."

Goldstine was represented at trial by Beth Bloom of Bloom Law PLLC and Ada Wong and Jordan Wada of AKW Law PC.

FedEx was represented at trial by Medora Marisseau and Brett Elliott of Karr Tuttle Campbell and Sandra Isom and Donald Snook of FedEx Freight.

The case is Goldstine v. FedEx Freight Inc., case number 2:18-cv-01164, in U.S. District Court for the Western District of Washington.

--Editing by Abbie Sarfo.

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