Raphael Vasquez v. Los Angeles County Metropolitan Transportation...
Jury Verdict Alert - Culver City, California, United States, 90232Work at Jury Verdict Alert
Overview
- Apply
Overview
Court and Case Number:
Los Angeles Superior Court - Stanley Mosk / BC484335Date of Verdict or Judgment:
Tuesday, November 12, 2013Date Action was Filed:
Tuesday, May 08, 2012Judge or Arbitrator(s):
Hon. Kevin C. BrazilePlaintiffs:
Raphael Vasquez, 64, bus driverType of Result:
Jury VerdictThe Result
Gross Verdict or Award:
$1,904,635Economic Damages:
Past lost wages and benefits: $84,348Future lost wages and benefits: $385,287Future medical expenses: $185,000
Non-Economic Damages:
Past emotional distress: $1,000,000Future emotional distress: $250,000
Punitive Damages:
None.
Trial or Arbitration Time:
9 daysJury Deliberation Time:
3 1/2 hoursJury Polls:
12-0 on Plaintiff's retaliation claim, 11-1 on Plaintiff's five other claimsPost Trial Motions & Post-Verdict Settlements:
Plaintiff will seek attorney fees under FEHA, costs and penalties for rejection of a 998 offer.The Attorneys
Attorney for the Plaintiff:
Cummings & Franck, P.C. by Scott Cummings and Lee Franck, Gardena.Attorney for the Defendant:
Guiterrez, Preciado & House, LLP by Calvin House and Caroline Shahinian, Pasadena.The Experts
Plaintiff’s Medical Experts:
Franklin Milgrim, M.D., psychiatry, Beverly Hills.
Craig Snyder, Ph.D., psychology, Beverly Hills.
Steven Mittleman, M.D., internist, Culver City.
Soma Agarwal, M.D., ophthalmology, Baldwin Park.Defendant's Medical Experts:
None.Plaintiff's Technical Experts:
Jennie McNulty, economist, Los Angeles.
Regina Romeo, human resources expert, Long Beach.Defendant's Technical Experts:
None.Facts and Background
Facts and Background:
Plaintiff had been a bus driver for Los Angeles County Metropolitan Transportation Authority ("Metro"). He was hired part time in October 2007, moved to full time November 2010 and was terminated in January of 2011.Plaintiff had a variety of disabilities, including gout, diabetes, cataracts and a hip condition, which required him to miss certain days of work.Metro fired plaintiff based on its attendance policy as plaintiff incurred too many chargeable absences. Nearly all the absences were based on plaintiff's disabilities and plaintiff was eligible for CFRA/FMLA for half the absences as well.
Plaintiff's Contentions:
That he was wrongfully fired based on his disabilities, that Metro failed to accommodate him, that Metro failed to engage in an interactive process with him and that he was denied CFRA/FMLA that he was entitled to.
Defendant's Contentions:
That plaintiff was fired for incurring eight chargeable absences under the attendance policy, which results in a termination; that plaintiff did not request an accommodation, interactive process or CFRA/FMLA when he was entitled; andthat the decision makers did not know that plaintiff was disabled.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Plaintiff was diagnosed with a major depressive disorder and a generalized anxiety disorder stemming from the firing.
Special Damages
Special Damages Claimed - Past Lost Earnings:
$84,348Special Damages Claimed - Future Lost Earnings:
$385,287Demands and Offers
Defendant Final Offer before Trial:
$100,000Additional Notes
Plaintiff testified that getting fired forced him to stop paying for his son's college and his son had to drop out and stop playing college baseball.Plaintff, his wife and his son testified about the change in the plaintiff where he became very standoffish and distant, whereas he had been happy and joyous before. Plaintiff also testified that it was very hard to get another job, and after 1 1/2 years all he could get was a part-time job making half as much. He had to file bankruptcy and move out of his house due to the firing.This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.
#J-18808-Ljbffr