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Wagoner v. Lewis Gale Medical Center, LLC

United States District Court for the Western District of Virginia
2016 WL 3893135 (2016)


Jim Wagoner (plaintiff) was a security guard for Lewis Gale Medical Center, LLC (defendant). Wagoner was fired after approximately two months on the job. Wagoner claimed that he had dyslexia and as a result had been unable to copy down his work schedule from the schedule posted on the wall. Wagoner sued Lewis Gale, claiming that his termination violated the Americans with Disabilities Act. Wagoner sought production of all electronically stored information maintained by Wagoner’s former supervisors at Lewis Gale. Wagoner limited the request to a four-month period, and the following specific search terms when paired with Wagoner’s name: dyslexia, dyslexic, read, reading, slow, ADA, disabled, disability, security, schedule, copy, and copying. Lewis Gale objected to the requests. Lewis Gale’s e-mail system did not keep emails for more than three days after they were sent. As a result, Lewis Gale would need to hire a third party to retrieve and review the information. Lewis Gale argued that the cost of retrieving and reviewing the requested information—over $45,000—would be more than Wagoner’s potential damages in the lawsuit.

Rule of Law


Holding and Reasoning (Ballou, J.)

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