Carmen Melone v. Paul Evert's Rv Country, Inc.

MEMORANDUM

Carmen Melone sued his former employer, Paul Evert’s RV Country, Inc., (“Paul Evert’s”) alleging that his employment was terminated in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 , et seq. Melone underwent a radical prostatectomy to treat his prostate cancer and subsequently had difficulty walking and standing. After a four-day trial, the jury reached a verdict for Melone. The district court subsequently granted judgment as a matter of law in favor of Paul Evert’s. The district court concluded •that Melone failed to present sufficient evidence that he was substantially limited in the major life activities of walking and standing and therefore was not disabled under the ADA. Melone appeals. We have jurisdiction under 28 U.S.C. § 1291 .

We review a grant of judgment as a matter of law de novo. Costa v. Desert Palace, Inc., 299 F.3d 838, 859 (9th Cir.2002) (en banc). “A jury’s verdict must be upheld if it is supported by substantial evidence.” Johnson v. Paradise Valley Unified Sch. Dist., 251 F.3d 1222, 1227 (9th Cir.2001). “Substantial evidence is evidence adequate to support the jury’s conclusion, even if it is also possible to draw a…