Watkins v. Roadway Express Inc

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that this
opinion should not be published and is not precedent except under
the limited circumstances set forth in 5TH CIR. R. 47.5.4.
UNITED STATES COURT OF APPEALS
For the Fifth Circuit
No. 01-10270
Summary Calendar
JEFFERY D. WATKINS,
Plaintiff-Appellee,
VERSUS
ROADWAY EXPRESS, INC.,
Defendant-Appellant.
Appeal from the United States District Court
For the Northern District of Texas
(3:99-CV-1893-M)
July 8, 2002
Before DeMOSS, PARKER, and DENNIS, Circuit Judges.
PER CURIAM:*
Jeffery D. Watkins (“Watkins”) sued his employer, Roadway
Express, Inc. (“Roadway”), for damages resulting from
discrimination against him under the Americans with Disability Act
(“ADA”). At the conclusion of trial, the jury awarded Watkins
compensatory and punitive damages; but the district court vacated

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the award for punitive damages. The trial court entered final
judgment for compensatory damages of $45,500 and back-pay of
$15,024. In addition, the trial court ordered Roadway to reinstate
Watkins. Roadway timely appealed the trial court’s judgment in
appeal No. 01-10065. While that appeal was pending the trial court
entered a separate final judgment awarding Watkins $91,843.25 in
attorney’s fees as the prevailing party. Roadway timely appealed
the attorney’s fees judgment in appeal No. 01-10270, which is now
before this panel. On August 30, 2001, a prior panel of this court
decided the merits appeal (No. 01-10065) in an unpublished opinion,
reversed the trial court’s judgment and rendered a take-nothing
judgment against Watkins. After reversal of the appeal on the
merits, Roadway sought an agreement with Watkins and his counsel to
dispose of this appeal on the attorney’s fees by way of a joint
motion for dismissal. Watkins and his counsel declined to enter
such an agreed dismissal and this appeal has therefore continued
for decision on its merits. We have carefully reviewed the briefs,
the reply brief, the record excerpts and the prior decision of this
Court in appeal No. 01-10065. In that prior merits appeal, the
panel of this Court held:
In short, because of the seemingly full and active
life enjoyed by Watkins, no reasonable jury could
conclude that he was substantially limited in any
major life activity. Watkins was thus not disabled
within the meaning of the ADA and he has no action
under that statute.
As a matter of law, we now conclude that Watkins cannot now be held

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to be the “prevailing party” in this ADA action and is not entitled
to recovery of attorney’s fees. See Farrar v. Hobby, 506 U.S. 103,
109 (1992), and Sandra Spragis Flowers v. Southern Regional
Physician Services, Inc., 286 F.3d 798 (5th Cir. 2002).
Accordingly, we reverse the order of the district court
entered on January 29, 2001, which awarded Watkins attorney’s fees
in this case and render judgment that Watkins take nothing on such
claim.
During the pendency of this appeal, Roadway has moved this
Court for a recovery of its appellate attorney’s fees. We have
carefully considered such motion and the affidavits in support
thereof submitted by Roadway. We have also carefully considered
the opposition to the award of attorney’s fees filed by Watkins.
In light of such review, we now conclude that (1) Roadway is now
the prevailing party in this employment discrimination case and is
entitled to an award of attorney’s fees for its appellate work.
See Norris v. Hartman Specialty Stores, Inc., 913 F.2d 253, 257
(5th Cir. 1990). Accordingly, we now grant Roadway’s motion for
award of attorney’s fees in the amount of $5,000 which we find to
be a fair and reasonable amount for the legal services involved.
Any and all other motions now pending in this appeal are denied.

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