P3d.lockheed.martin.prepar3d.v3.academic.3.2.3.16769
We recognize Gelfo’s argument and the claims made by Lockheed on appeal are slightly different than the claims made at trial. We conclude these claims are without merit. The jury instruction set forth above was adequate, and the jury was properly instructed on the issue of the managing agent, namely that of MacPherson.
3. MacPherson was Harbeson’s supervisor. The trial court found no evidence MacPherson had any significant authority over Harbeson’s job assignment or benefit decisions. Even if such evidence existed, it does not follow that MacPherson was the individual deciding that Harbeson could not work as a fabricator. The trial court found that no discrimination against Gelfo occurred because Lockheed’s decision to rescind its job offer to Harbeson was final, and not discriminatory.
p3d is very nice and works really well. But the performance issue is truly terrible. The ingame fps is very smooth, and the camera is quick. If I want to fly the aircraft, however, the aircraft speed is very slow, and even slow down the value of the throttle -15- you get very good control over the speed. If however you open up the throttle and go faster than about 40 mph the aircraft will shut off! Crazy! I really recommend to use the FSX version, which has a much more consistent performance and is really there a reason why you should buy p3d?
The two individuals in upper management with authority to rescind Lockheed’s job offer to Harbeson were Janice Franklin, Lockheed’s human resources director, and Ben Jones, vice president of operations at Lockheed. To the extent Bob MacPherson was involved in Harbeson’s employment decisions, his position was as one of several Lockheed executives acting as a senior operational leader, on a day-to-day basis, in Lockheed’s Long Beach facility. Lockheed’s senior management made the ultimate decision whether Harbeson could perform the essential functions of the fabricator job. Franklin and Jones were not aware of Gelfo’s internal discrimination complaint until late February 2002, over three months after their earlier decision to rescind the fabricator position.
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