Alzheimer’s patient files disability discrimination lawsuit after losing job as insurance adjuster

Michelle Keahey, East Texas Bureau Apr. 8, 2013, 8:54pm

MARSHALL - A worker suffering from Alzheimer’s disease filed disability discrimination lawsuit after losing his job as insurance adjuster. 

Mark A. Capozzelli and Karri-Ann Capozzelli filed suit against Allstate Insurance Co. and Encompass Insurance Co. of America on April 3 in the Eastern District of Texas, Marshall Division.

The defendant is accused of violating the Family and Medical Leave Act, the Americans with Disabilities Act and Title VII.

Capozzelli was hired as an insurance adjuster for Allstate Insurance Co. and Encompass Insurance Co. on Jan. 7, 1997 and was terminated on March 7, 2011.

In 2010, Capozzelli suffered from heart problems and was treated by triple bypass surgery. At this time, he was also diagnosed with Alzheimer’s disease.

In November 2010, the defendant was made aware of Capozzelli’s medical problems and requested that his wife drive him to and from his appointments.  According to the lawsuit, Capozzelli was fired in March without warning.

The lawsuit is seeking an award of damages for back pay, front pay and benefits, liquidated damages, actual damages, compensatory damages for loss of enjoyment of life, emotional pain, suffering, inconvenience, and mental anguish punitive damages, interest, attorney’s fees and court costs.

The plaintiffs are represented by John C. Sherwood of The Law Offices of John C. Sherwood in Dallas and David B. Griffith in Gilmer. A jury trial is requested.

U.S. District Judge Rodney Gilstrap is assigned to the case.

Case No. 2:13-cv-00260

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