Kramer

MEMORANDUM *

Appellant Ronald L. Kramer appeals the district court’s judgment entered following a jury verdict in favor of Appellee Tosco Corporation 1 in his action alleging disability discrimination in violation of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12111 et. seq., and Oregon’s Disability Discrimination Act, Or.Rev.Stat. §§ 659A.100-.145, 2 and intentional infliction of emotional distress under Oregon state law. Kramer is a paraplegic who was employed at the time of his unrelated injury as a Head Operator at Tosco’s petroleum tank farm terminal in Portland, Oregon. After Kramer completed his rehabilitation and received his doctor’s authorization to return to work part-time, Tosco refused to allow him to return to his previous position and terminated him when he refused an alternate position in another location. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the judgment in favor of Tosco and the district court’s denial of Kramer’s Federal Rule of Civil Procedure 59(a) motion for a new trial.

Kramer contends that the district court erred by giving the following jury instruction: “[P]laintiff must prove by a preponderance of the evidence…