Ahmad v. Yellow Cab Co.

49 F. Supp. 3d 178, 30 Am. Disabilities Cas. (BNA) 1356, 2014 U.S. Dist. LEXIS 135731
CourtDistrict Court, D. Connecticut
DecidedSeptember 26, 2014
DocketCivil No. 3:12CV1307(AWT)
StatusPublished
Cited by2 cases

This text of 49 F. Supp. 3d 178 (Ahmad v. Yellow Cab Co.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ahmad v. Yellow Cab Co., 49 F. Supp. 3d 178, 30 Am. Disabilities Cas. (BNA) 1356, 2014 U.S. Dist. LEXIS 135731 (D. Conn. 2014).

Opinion

RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

ALVIN W. THOMPSON, District Judge.

The plaintiffs, Mansoor Ahmad and Naveed Ahmad, bring this action against Yellow Cab Company of New London and Groton, Inc. (“Yellow Cab”), Connecticut Department of Transportation (“CTDOT”) and Veolia Transportation Services, Inc. (“Veolia”). With respect to Yellow Cab, Mansoor Ahmad brings claims for disability discrimination in violation of the Connecticut Fair Employment Practices Act (“CFEPA”), Conn. Gen.Stat. §§ 46a-60 et seq. (Count One), and the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12111 et seq. (Count Seven). Naveed Ahmad brings claims against Yellow Cab for retaliation in violation of CFEPA (Count Two) and the ADA (Count Eight).

Yellow Cab, the sole remaining defendant in this case,1 moves for summary [180]*180judgment on Counts One, Two, Seven, and Eight of the Complaint pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons set forth below, the motion is being granted.

I.FACTUAL BACKGROUND

Plaintiff Naveed Ahmad is the father of plaintiff Mansoor Ahmad. Each plaintiff leased his taxicab from Yellow Cab for $400 per week. The plaintiffs held certificates issued by CTDOT which permitted them to work at Bradley International Airport (“Bradley Airport”) in Windsor Locks, Connecticut. Each plaintiff signed an Automobile Lease Agreement (the “Agreement”) with Yellow Cab. Each Agreement provides in pertinent part as follows:

2. Lessor agrees to make available, at Lessee’s request, telephone call service and radio service. However, Lessee shall not be required to accept any radio dispatch call other than those which he may of his own volition desire to accept; and further, Lessee shall not be restricted in any manner as to area in which he may operate said taxicab, nor shall he be required to remain in any specified place.... Lessee shall not be required to account to Lessor in any manner for the fares or other amounts received by the Lessee in connection with the operation of said taxicab....
3. The parties agree that during each lease period, the vehicle shall remain in the exclusive custody and absolute control of the Lessee....
4. [T]he Lessee shall be solely responsible for the cost of towing or removal of any vehicle mired in mud or snow, or is otherwise disabled due solely to the negligence of the Lessee, while off the Lessor’s premises. Lessee will not repair the taxicab except at the places designated by the Lessor unless prior approval for such repair is given....
7. By this agreement, the Lessor and Lessee acknowledge and agree that there does not exist between them the relationship of employer-employee, principal [ ]-agent, or master-servant, either express or implied, but that the relationship between the parties hereto is strictly Lessor-Lessee, the Lessee being the independent contractor, free from interference or control on the part of the Lessee in the operation of said taxicab, subject only to adherence to applicable statutes and ordinances of the State of Connecticut, County or Municipality in which the Lessee operates the equipment leased from Lessor. Lessee acknowledges that as an independent contractor, free from authority and control of Lessor, that he, the Lessee, is responsible for the payment of his own taxes, Federal and State; Social Security Taxes; Disability Taxes, and that no deductions will be made by the Lessor. ...
10. During the period when the vehicle is in the sole care, custody and control of the Lessee, the Lessee shall be solely liable and responsible for all fines and penalties imposed for parking or traffic violations, and the Lessee agrees to pay to the Lessor any of such fines and penalties incurred by Lessee.
11. [Ojnce the Lessee takes possession of the taxicab, he/she will exercise [181]*181complete discretion in the operation of same and in the performance of those duties generally recognized to be [a part] of performing taxicab services. Discretion in the operation of the said taxicab is vested in the Lessee, and the Lessor shall do no[] more than make available to Lessee telephone call service or radio service of prospective passengers ....
12. The Lessor agrees to lease taxicab to Lessee, who shall operate as an independent contractor, for day-today term....
13. Under no circumstances shall the Lessee b[e] permitted to assign this lease agreement, or sub-lease said taxicab to any other person at any time.

(Naveed Ahmad Automobile Lease Agreement, Doc. No. 45-2; Mansoor Ahmad Automobile Lease Agreement, Doc. No. 45-3).

On June 10, 2011, the plaintiffs were in the taxicab line at Bradley Airport. A dispatcher employed by CTDOT and Veolia assigned a passenger with a service dog to Mansoor Ahmad. Mansoor Ahmad explained to the dispatcher that he had a dog phobia that prevented him from taking the assigned passenger, and he refused to transport the passenger. The dispatcher ordered Mansoor Ahmad to take his taxicab to the back of the line and summoned the police. The passenger was assigned to the next taxicab in line. The plaintiffs were arrested; Naveed Ahmad was charged with Interfering with Police, Refusal of Accommodation of Service Dog, and Misuse of 911 System; Mansoor Ahmad was charged with Interfering with Police and Refusal of Accommodation of Service Dog.

The plaintiffs’ certificates were revoked by CTDOT. Yellow Cab reclaimed the plaintiffs’ leased taxicabs on or about. June 12, 2011. Mansoor Ahmad claims that Yellow Cab discriminated against him because of his disability and terminated his employment. Naveed Ahmad states that he objected to the actions taken against his son and explained to Yellow Cab that his son suffered from a dog phobia. He claims that his employment was terminated by Yellow Cab in retaliation for voicing his objection to Yellow Cab’s treatment of Mansoor Ahmad.

II. LEGAL STANDARD

A motion for summary judgment may not be granted unless the court determines that there is no genuine issue of material fact to be tried and that the facts as to which there is no such issue warrant judgment for the moving party as a matter of law. See Fed.R.Civ.P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Gallo v. Prudential Residential Servs., 22 F.3d 1219, 1223 (2d Cir.1994). Rule 56(a) “mandates the entry of summary judgment ... against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp., 477 U.S. at 322, 106 S.Ct. 2548.

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Bluebook (online)
49 F. Supp. 3d 178, 30 Am. Disabilities Cas. (BNA) 1356, 2014 U.S. Dist. LEXIS 135731, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahmad-v-yellow-cab-co-ctd-2014.