![]() ![]() In anticipation of that event, Berling and his therapist decided that -2- Berling should discuss the matter with Allison Wimmers, Gravity’s Chief of Staff. Berling’s birthday - which falls on August 7 - was a trigger for his panic attacks. Gravity customarily celebrated its employees’ birthdays by purchasing a cake and a card for everyone to sign and hanging a banner in the breakroom. Before Gravity became aware of Berling’s mental health issues in August 2019, he received positive performance reviews and a raise, and he was being cross-trained to work in the lab processing samples in addition to his work as an accessioner. In October 2018, Berling was hired by Gravity, a laboratory testing company, as an accessioner, a position which involves organizing test samples and entering data. Berling described a panic attack as feeling as if the world is closing in on him, being terrified, and wanting to run away and hide. For approximately six years, he has treated weekly with his current therapist, Sarah Garvin, who testified at the trial. In 2009, Berling was diagnosed with a generalized anxiety disorder and panic attacks. Gravity requests that we reverse the judgment and direct the trial court to enter judgment notwithstanding the verdict (JNOV) in its favor alternatively, it asks that we reverse the judgment and remand for the trial court to hold a hearing to determine whether juror misconduct occurred. Gravity also argues that the trial court should have conducted a hearing to investigate alleged post-verdict juror misconduct. Gravity argues that Berling does not meet the statutory definition of “disability” under the Kentucky Civil Rights Act (KCRA), Kentucky Revised Statutes (KRS) 344.040(1). COMBS, JUDGE: Appellant, Gravity Diagnostics, LLC (Gravity), appeals from a judgment on a jury verdict in favor of Appellee, Kevin Berling (Berling), whose employment was terminated after he suffered panic attacks at work. 19-CI-01631 KEVIN BERLING APPELLEE OPINION AFFIRMING ** ** ** ** ** BEFORE: THOMPSON, CHIEF JUDGE COMBS AND JONES, JUDGES. APPELLANT APPEAL FROM KENTON CIRCUIT COURT HONORABLE PATRICIA M. 2022-CA-0812-MR GRAVITY DIAGNOSTICS, LLC v. NOT TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO. You don’t have to understand it or like it, but you should honour their wishes about how they want to be treated.RENDERED: AP10:00 A.M. Showing respect literally costs you nothing."Īnother wrote: "Just learn to respect people’s boundaries. One person commented on Twitter: "How much would it have cost to honour the man's wishes and not hold the party? $0. However, many people online have shown support towards Berling's story. She added that her employees, and not Kevin Berling, were the victims in the case. The company’s founder and chief operating officer Julie Brazil said in an email to the Courier Journal: “With ever-increasing incidents of workplace violence, this verdict sets a very dangerous precedent for employers and most importantly employees that unless physical violence actually occurs, workplace violence is acceptable.” Gravity Diagnostics' attorney, Katherine Kennedy, said they continue to deny liability and are pursuing their options following the trail. He was awarded $450,000 in damages, made up of $300,000 for "emotional distress" and $150,000 for "lost wages". The man won the lawsuit following a two-day trial and 90 minutes of deliberation between the jury. So you placed your other employees’ ego and “morale” over your employee with disabilities. “As an employer who puts our employees first” It was reading these parts that did it for me.
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