Man wins age discrimination suit in federal court

A federal jury in Davenport awarded a Morning Star man Tuesday more than $54,000 for being fired in 2007 from his job with a concrete mix company because of his age – he was 78.

Daniel Boyd, now 81, filed the age discrimination lawsuit June 2007 in U.S. District Court of Southern Iowa. Boyd worked for Ideal Ready Mix Co., based in West Burlington, as a dump truck driver. He had worked for the company  since 1997 and was the oldest full-time driver but had a clean driving record with no accidents and had received safety awards.

The jury, after a two day trial, took less than two hours to find in favor of Boyd and found found there was willful violations, which could increase the financial damages for the company. There will be a hearing set at a later date to determine the final award.

Cedar Rapids attorney Mike Lahammer said Wednesday he and co-counsel, Bob Wilson, had originally asked the jury for damages of $42,000 – two years of loss wages – but the jury awarded $12,391 more.

Boyd in June 2007 was told by his immediate supervisor, Darin Mapel, that he was being terminated because of his age and health, Lahammer said. The next day Boyd's regional manager told him he was being laid off for health and safety concerns. Boyd had routine bypass surgery in April 2007 but was cleared by his doctor to return to work in June.

“His immediate supervisor testified he didn't tell Boyd it was because of his age,” Lahammer said. “Other drivers who testified for the plaintiff said Dan was as good if not better than other drivers. He had driven well over one million miles with no accidents.”

Lahammer said three days after Boyd's last day the company hired a 63-year-old to replace him. This man was Mapel's father who had three drunken driving charges and several traffic violations.

“This is the first age discrimination case I've seen with a 78-year-old being replaced by a 63-year-old,” Lahammer said.

This was Lahammer's first federal civil trial. He usually handles criminal cases in state and federal courts but Wilson, who handles civil cases, asked him to work on it.

Steve Gardner, Ottumwa attorney who represented Ideal Ready Mix, declined to comment Wednesday.