Reese
Reese v. BARTON HEALTHCARE SYSTEMS
Opinion
Opinion
Damrell, J.
MEMORANDUM AND ORDER
This matter comes before the court on defendant Barton Healthcare Systems’ (“Barton”) motion to dismiss plaintiffs complaint pursuant to Rule 12(b)(6) and motion to strike the request for punitive damages pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. Plaintiff Susan Reese (“Reese”) opposes the motion. For the reasons set forth below, defendant’s motions are DENIED.
BACKGROUND
Plaintiff Reese was hired by defendant Barton on or about June 16, 1997, as a lab assistant. (First Am. Compl. (“FAC”), filed Sept. 24, 2008, ¶ 8.) Eventually, she became a Cardiac Ultrasound Technologist. (Id. ¶ 9.) Plaintiff alleges that the rigors of the job caused her to injure her shoulder and she became permanently disabled as a result of the injury. (Id. ¶ 10.) Specifically, plaintiff alleges that the injury substantially limits the major life activities of lifting, sleeping, and reaching and that she requires reasonable accommodations to perform her job duties. (Id.)
On or about May 2007, plaintiff gave defendant a note from her doctor, which stated that she should not be allowed to conduct more than 5 echo exams a day. (Id. ¶ 11.) From May 2007 to January…