Coffee

In this action for damages for personal injuries defendant McDonnell-Douglas Corporation appeals from a judgment entered upon a jury verdict in favor of plaintiff and from an order denying defendant’s motion for a judgment notwithstanding the verdict.

Plaintiff Robert Coffee, after retiring from the United States Air Force in January 1966, applied for a position as a pilot with defendant, a manufacturer of aircraft. Defendant corporation required each of its pilot applicants to undergo a pre-employment physical examination to establish his physical fitness for the job. Accordingly, on July 26, 1966, plaintiff underwent a physical examination at defendant’s Long Beach medical clinic. Among other things, the examination consisted of a review of plaintiff’s medical history, extensive X-rays, urinalysis, an electrocardiogram and a blood test. Coffee, examined by Dr. Gray, one of defendant’s doctor-employees, was told that the examination could not be completed until the results of the X-rays and laboratory tests were received, about one week later. However, Dr. Gray signed the examination form on the day of the examination indicating that Coffee was qualified for duties as a…