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Employment Law
Fair Labor Standards Act
Wage and Hour

Ricardo Arreola, Shane Daunis, and Matthew Gamache v. Symons Emergency Specialties Inc. dba Symons Ambulance

Published: Feb. 22, 2014 | Result Date: Sep. 13, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 37-2012-00093050-CU-WT-CTL Verdict –  $11,128

Court

San Diego Superior


Attorneys

Plaintiff

Paul S. Murray

Christina Mills


Defendant

Christopher B. Cato
(Gordon & Rees LLP)

Marita M. Lauinger
(Clapp & Lauinger LLP)


Experts

Defendant

Robert M. Hullander
(technical)

Facts

Ricardo Arreola, Shane Daunis and Matthew Gamache were employees at Bayside Medical Transportation, working as medical technicians. Later, in 2011, they began working for Symons Emergency Specialists, until January 2012. They sued Symons.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Symons bought part of Bayside and that they did not get paid fully for their work at Bayside. They claimed that they informed supervisors at Symons, but were fired because they made complaints about their wages. In addition, they argued that they telephoned the Medical Director to talk about their eligibility to work as technicians, but their calls were not returned on time.

DEFENDANT'S CONTENTIONS:
Symons argued that it never bought Bayside and that it did not owe plaintiffs money because they were still able to work if they cleared possible issues to work as technicians. In addition, defendant argued that they should have spoken with the Medical Director before filing suit.

Settlement Discussions

Plaintiffs demanded $315,000, and defendant offered $55,000 under CCP Section 998.

Damages

They requested $1,648 in wages they claimed they were entitled to.

Injuries

Plaintiffs claimed emotional distress.

Result

The jury's verdict awarded plaintiffs $11,128, consisting of $1,648 in unpaid wages. $7,980 in lost earnings, and $1,500 due to emotional distress.

Deliberation

seven hours

Length

seven days


#101750

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