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Francis H. Dupre v. Fru-Con Engineering

Citation: Not availableDocket: 96-2064

Court: Court of Appeals for the Eighth Circuit; April 24, 1997; Federal Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this age discrimination case, the plaintiff filed suit against Fru-Con Engineering Inc. and Fru-Con Construction Corp. under the Age Discrimination in Employment Act and the Missouri Human Rights Act. The plaintiff, who was terminated at age 54, alleged that his dismissal was age-related, particularly as another older employee was also discharged around the same time. The jury ruled in favor of Fru-Con, and this verdict was upheld by the District Court. The plaintiff appealed, arguing errors in jury instructions and the exclusion of evidence suggesting age bias within the company. However, the appellate court affirmed the District Court's rulings, determining that the plaintiff failed to preserve specific objections to jury instructions as required by Federal Rule of Civil Procedure 51, thereby waiving these issues on appeal. Additionally, the court found no plain error in the jury instructions, which were deemed clear and adequate. The exclusion of testimony due to the plaintiff's failure to offer proof was also upheld. Ultimately, the judgment favored Fru-Con, dismissing the cumulative error claim as the alleged errors were either unpreserved or without merit.

Legal Issues Addressed

Age Discrimination under the ADEA and Missouri Human Rights Act

Application: Dupre alleged age discrimination after being terminated by Fru-Con, citing the timing of another older employee's termination as evidence.

Reasoning: Dupre alleged that his termination was primarily due to his age, supported by the timing of another older employee's termination.

Exclusion of Evidence under Federal Rule of Evidence 103(a)

Application: Dupre's failure to provide an offer of proof for excluded testimony led to a waiver of the issue on appeal.

Reasoning: Federal Rule of Evidence 103(a) requires that an offer of proof be made to challenge the exclusion of evidence, and Dupre did not provide such an offer.

Jury Instructions and Plain Error Review

Application: The appellate court found no plain error in the jury instructions, which were deemed adequate despite Dupre's objections.

Reasoning: Under plain error review, the court will only reverse if errors adversely impact substantial rights and cause a miscarriage of justice.

Preservation of Objections under Federal Rule of Civil Procedure 51

Application: Dupre failed to preserve specific objections to jury instructions, leading to a waiver of those arguments on appeal.

Reasoning: Fru-Con argued that Dupre did not preserve objections for appeal as required by Federal Rule of Civil Procedure 51.