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Employment Law
Wrongful Termination
Intentional Infliction of Emotional Distress

Martella Delacruz v. New Image Coronado Limited LP dba New Image Cosmetic Surgery, Jeffry Schafer M.D.

Published: May 4, 2013 | Result Date: Mar. 4, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 37-2011-00098551-CU-WT-CTL Verdict –  $40,000

Court

San Diego Superior


Attorneys

Plaintiff

Josh D. Gruenberg
(Gruenberg Law)


Defendant

Matthew P. Tyson


Facts

On July 5, 2010, New Image Cosmetic Surgery hired Martella Delacruz as a sales consultant. During her employment, she claimed she was asked to forge a patient signature on medical records. When she refused, she was terminated from employment.

Delacruz sued New Image Cosmetic Surgery, alleging that she was wrongfully terminated in violation of public policy and that New Image's actions constituted intentional infliction of emotional distress.

The defendants denied Delacruz's accusations and contended that she was terminated for poor performance.

Settlement Discussions

Plaintiff issued a CCP 998 offer of $40,000.

Result

The jury found in favor of Delacruz and awarded her $40,000 in damages.

Deliberation

two days

Poll

12-0 (damages)

Length

four days


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