ANTHONY R. STUHLDRYER, Plaintiff-Appell ant/Cross-Appellee, vs. PERCIVAL SCIENTIFIC, INC., Defendant-Appellee/Cross-Appellant.

State: Iowa

Court: Court of Appeals

Docket No: No. 7-186 / 05-2120

Case Date: 05/09/2007

Preview:IN THE COURT OF APPEALS OF IOWA No. 7-186 / 05-2120 Filed May 9, 2007

ANTHONY R. STUHLDRYER, Plaintiff-Appellant/Cross-Appellee, vs. PERCIVAL SCIENTIFIC, INC., Defendant-Appellee/Cross-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Dallas County, Darrell J. Goodhue, Judge.

The plaintiff appeals following dismissal of his claims against the defendant on summary judgment. AFFIRMED.

Gordon R. Fischer of Bradshaw, Fowler, Proctor & Fairgrave, P.C., Des Moines, for appellant. F.D. Chip Baltimore of Doran, Anderson & Baltimore, P.L.C., Boone, for appellee.

Considered by Vogel, P.J., and Vaitheswaran and Eisenhauer, JJ.

2 VOGEL, P.J. Anthony Stuhldryer was terminated by Percival Scientific in August 2004 after being placed on probation for excessive absences. He brought suit against Percival, claiming among other things, that his termination violated the federal Family and Medical Leave Act (FMLA). The district court, finding no genuine issue of material fact, granted Percival's motion for summary judgment. Our review is for correction of errors at law. Walderbach v. Archdiocese of Dubuque, Inc., __N.W.2d__, __ (Iowa 2007). We adopt the district court's finding of facts, application of the law and ruling, and therefore affirm pursuant to Iowa Court Rule 21.29(1)(a), (d) and (e). The FMLA grants eligible employees as many as twelve weeks of leave during a one-year period if, among other things, they have a "serious health condition that makes the employee unable to perform the functions of the position of such employee." 29 U.S.C.

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