Hudock

Hudock v. Aventis Pharmaceuticals, Inc.

Good Law
229 F. App'x 574
United States Court of Appeals for the Ninth CircuitApril 25, 2007No. 06-15287California369 words

Opinion

Lead Opinion

MEMORANDUM **

Susan Hudock appeals pro se from the district court’s judgment following a jury verdict for defendant in Hudock’s action alleging Aventis Pharmaceuticals, Inc. discriminated against her, in violation of Title I of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12112 (a), when it ended her employment as a pharmaceutical sales representative because she was unable to drive to appointments with customers. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s evidentiary rulings for an abuse of discretion, Engquist v. Oregon Dep’t of Agric., 478 F.3d 985 , 1008 (9th Cir.2007), and we affirm.

The district court did not abuse its discretion by permitting Aventis to introduce evidence of Hudock’s prior statement regarding whether driving was an essential function of her position. See Fed.R.Evid. 402 (relevant evidence is generally admissible); Kennedy v. Applause, Inc., 90 F.3d 1477, 1481 (9th Cir.1996) (holding that a plaintiff in an ADA employment termination action must be able to perform the “essential functions” of the job).

We do not consider Hudock’s challenge to the jury instructions because she has not shown that she…

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