Facts

Plaintiff Masil Bugsch, a medical sales representative in her early 60s, was terminated after 20 years of employment with defendant Quest Diagnostics Inc. She had taken time off work in 2007 after sustaining a back injury. The plaintiff sued defendant and manager Terry Kuzma-Gottron for wrongful termination, age discrimination, intentional infliction of emotional distress, disability discrimination, and harassment pursuant to the California Fair Employment and Housing Act. Kuzma-Gottron and plaintiffs' emotional distress and harassment claims were dismissed on summary judgment.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant and her manager mistreated and discriminated against her in the workplace based on age and disability. Kuzma-Gottron favored younger workers and gave them better, more convenient sales accounts. She also humiliated plaintiff in meetings, criticized her actions, and singled her out. The defendant ultimately terminated plaintiff's employment and failed to pay her the $5,000 bonus she was owed.

DEFENDANT'S CONTENTIONS:
The defendant contended plaintiff was a poor performer who was terminated for legitimate, non-discriminatory reasons.

Settlement Discussions

According to plaintiff's counsel, plaintiff demanded $65,000. According to defense counsel, plaintiff's lowest demand prior to trial was $650,000, plaintiff made a $300,000 998 offer on the eve of trial, and a $275,000 demand mid-trial. Defendant offered $25,000 in a 998.

Damages

The plaintiff sought $5,000 for the bonus as well as damages for emotional distress and lost earnings.

Injuries

The plaintiff contended she sought therapy to help her with the stressful work environment. Defendant contended, and plaintiff's therapist's records showed, that plaintiff's three primary stressors were marital difficulties, back pain and excessive weight gain. Defense expert James Rosenberg testified that plaintiff did not suffer emotional distress, only transitory emotional upset, and that that upset was caused by life stressors other than defendant.

Result

Judge Ronald Styn found for plaintiff on the age discrimination and bonus claims, concluding Kuzma-Gottron treated her differently due to her age and the company promised a $5,000 bonus. Plaintiff was awarded $55,000 ($50,000 emotional distress; $5,000 bonus). He found for defendant on the disability and wrongful termination claims.

Other Information

Bugsch sought attorney's fees of over $500,000, but that request was reduced 60 percent, and Bugsch was awarded attorney's fees of $200,583 and costs of $8,884 post-trial. Kuzma-Gottron was awarded $2,153 in costs.