Murphy v. American Motors Sales Corp.

U.S. Court of Appeals for the Fifth Circuit
Murphy v. American Motors Sales Corp., 570 F.2d 1226 (5th Cir. 1978)
17 Fair Empl. Prac. Cas. (BNA) 180; 1978 U.S. App. LEXIS 11864; 16 Empl. Prac. Dec. (CCH) 8212

Murphy v. American Motors Sales Corp.

Opinion of the Court

PER CURIAM:

American Motors Sales Corporation has brought this interlocutory appeal from the trial court’s ruling that an individual who brings a private action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq. (ADEA), is entitled to recover punitive damages and to a trial by jury.

In Dean v. American Sec. Ins. Co., 559 F.2d 1036 (5th Cir. 1977), we definitively held that punitive damages are not recoverable in a private action brought under ADEA.

It is now settled that in such an action a trial by jury on a claim for lost wages is available where sought by one of the parties. Lorillard v. Pons, - U.S. -, 98 S.Ct. 866, 55 L.Ed.2d 40 (1978).

The trial court’s order overruling appellant’s motion to strike the jury demand is affirmed; its order overruling appellant’s motion to strike the prayer for punitive damages is reversed.

AFFIRMED IN PART.

REVERSED AND REMANDED IN PART.

Reference

Full Case Name
Henry H. MURPHY v. AMERICAN MOTORS SALES CORPORATION, Defendant-Appellant Jerry S. WILSON v. AMERICAN MOTORS SALES CORPORATION
Cited By
9 cases
Status
Published