Kevin Todd Matthews, Kim Danner, Traci Schilling v. Kindred Healthcare, Inc. et al.
Published: Jan. 17, 2009 | Result Date: Nov. 20, 2008 | Filing Date: Jan. 1, 1900 |Case number: RG06295339 Verdict – Defense
Court
Alameda Superior
Attorneys
Plaintiff
Aaron P. Minnis
(Minnis & Smallets LLP)
Defendant
Shane K. Anderies
(Anderies & Gomes LLP)
D. Gregory Valenza
(Shaw Valenza)
Experts
Defendant
Dennis E Coleman
(technical)
Suzanne M. Stuckwisch
(technical)
Facts
Plaintiffs, Kevin Todd Matthews, Kim Danner and Traci Schilling, were Kindred Hospital's Chief Operating officer, Chief Clinical officer and director of Quality Management in the San Francisco Bay area. They resigned their employment on Dec. 23, 2005. In November 2006, they brought claims for wrongful termination in violation of public policy and violation of Labor Code section 1102.5 against their employer and two affiliated organizations.
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended they were subjected to retaliation and abuse because of their "whistleblowing" on the CEO. Two plaintiffs claimed constructive discharge; one claimed he was fired. Specifically, plaintiffs claimed they were forced to quit/fired because of their complaints about the hospital CEO's failure to achieve minimum nurse staffing ratios, as well as other issues concerning the former CEO, Wendy Mamoon.
DEFENDANTS' CONTENTIONS:
The defendants' primary contention was that all three plaintiffs voluntarily resigned.
Settlement Discussions
The highest offer was $550,000, withdrawn during trial. The lowest demand was $3 million.
Result
Defense verdict.
Other Information
Plaintiffs' counsel called defendant's economics expert as a witness during their case-in-chief. FILING DATE: Oct. 25, 2006.
Deliberation
four hours
Poll
10-2 (on all issues)
Length
11 days
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