Maria C. Martinez v. Rite Aid, Kien Chu
Published: Nov. 6, 2010 | Result Date: Oct. 5, 2010 | Filing Date: Jan. 1, 1900 |Case number: BC401746 Verdict – $8,200,000
Court
L.A. Superior
Attorneys
Plaintiff
James Urbanic
(Urbanic & Associates)
Carney R. Shegerian
(Shegerian & Associates Inc.)
Defendant
Thomas K. Hockel
(Klein, Hockel, Iezza & Patel PC)
Jonathan Allan Klein
(Klein, Hockel, Iezza & Patel PC)
Experts
Plaintiff
Craig Snyder
(medical)
Facts
In 1983, plaintiff Maria Martinez began working for a Thrifty Drug store, which became a Rite-Aid in 1998. In 2003, Martinez took a series of disability leaves of absence, after she began having symptoms of a psychiatric illness.
Martinez's employment was terminated in 2007. Martinez filed suit against Rite-Aid, alleging disability discrimination and retaliation.
Contentions
PLAINTIFF'S CONTENTIONS:
Martinez alleged after she returned from leave, her supervisors constantly reprimanded and harassed her, calling her a "basket case." She further contended that, after being moved from one of Rite Aid's stores in Pasadena to Arcadia, her boss falsely accused her of giving medication to a customer, calling her "bipolar" and "crazy." Martinez stated that her supervisor, Kien Chau, and other employees rebuffed her claim that a manager had touched her inappropriately outside of work in 2006. She contended that Rite Aid failed to take sufficient action against the manager when she filed a complaint against him.
DEFENDANT'S CONTENTIONS:
Rite-Aid alleged that Martinez had a poor work history, including arguing with supervisors. Rite-Aid contended that Martinez was issued a written warning in 2005 for counseling a customer about using medication, in violation of the law, which limits such a task to pharmacists. Rite-Aid claimed Martinez was terminated for poor work performance and attitude issues.
Damages
Martinez sought damages for discrimination, retaliation, and intentional infliction of emotional distress.
Result
The jury rendered a verdict in favor of Martinez, finding defendants liable for disability, medical leave and sexual harassment retaliation in violation of public policy and invasion of privacy, awarding her $3,400,000 in compensatory damages and $4,800,000 in punitive damages. The jury also found Chau individually liable for intentional infliction of emotional distress, awarding Martinez an additional $50,000.
Other Information
FILING DATE: November 2008.
Deliberation
1.5 days (liability phase); 2.5 hours (damages phase)
Length
22 days
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