Construction supervisor claims termination result of brain tumor diagnosis

Michelle Keahey, East Texas Bureau May 14, 2012, 7:58am

TYLER - A construction superintendent recently diagnosed with a brain tumor has filed a lawsuit against his employer that claims he was terminated in violation of the American with Disabilities Act.

Kevin Moore filed suit against Mansions Custom Homes III LP on May 11 in the Eastern District of Texas, Tyler Division.

Mansions Custom Homes performs construction services for WRPS III, which manages residential living communities of homes, condominiums and townhomes. Moore worked for Mansions as an assistant superintendent of construction.

In October 2009, Moore was diagnosed with a brain tumor. According to the lawsuit, the defendant made Moore take a leave of absence and informed him that he could not return to work until he was 100 percent without limitations or restrictions.

Moore received Family and Medical Leave Act paperwork about two weeks later and in the meantime, says he was locked out of his company-owned residence.

Moore claims he informed the defendant that he could not immediately get an appointment with his primary care physician. According to the lawsuit, Moore was terminated from his position in November 2009 on the grounds that he had been absent without approved leave.

The defendant is accused of violating the American with Disabilities Act and the Family and Medical Leave Act.

The plaintiff is asking the court for an award of damages for back pay, front pay, lost benefits, emotional distress, inconvenience, pain and suffering, loss of enjoyment of life, punitive damages, attorney's fees, interest and court costs.

Rosemary Sage Jones and Grant T. Gaston of Ramey & Flock P.C. in Tyler are representing Moore.

A jury trial is requested.

Case No. 6:12-cv-00317

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