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Employment Law
Wrongful Termination
Disability Discrimination

Linda Alvarado v. County of Imperial, et al.

Published: Oct. 1, 2002 | Result Date: Aug. 26, 2002 | Filing Date: Jan. 1, 1900 |

Case number: L00175 Verdict –  $300,000

Judge

Jeffrey B. Jones

Court

Imperial Superior


Attorneys

Plaintiff

Laurence F. Haines


Defendant

Michael T. Gibbs
(Gibbs & Fuerst LLP)


Facts

The plaintiff works as a Public Health Nurse for the county of Imperial Health Department. The defendant,
Yvonne Smith, is the director of the Health Department. The plaintiff had been an HIV/AIDS counselor for
approximately 10 years.
The plaintiff is disabled by a bipolar mental condition. In 1997, she suffered from tremors induced by the use
of Lithium. For six months in 1997, she was voluntarily suspended from using needles. After changes in
medication in September 1997, she was returned to the use of needles.
In late 1999, Smith told the plaintiff to "retire" due to her medical disability. The plaintiff refused. Defendant
Smith then suspended the plaintiff from using needles, driving county vehicles and helping with physical
examinations.
Thereafter, in November 1999, defendant Smith stated that an anonymous person complained
that the plaintiff had told her that it was "OK to have unprotected sex with an HIV-infected
partner." Defendant Smith then removed the plaintiff from her HIV counseling duties.

Settlement Discussions

The plaintiff submitted a demand of $850,000. The defendant offered $10,000.

Injuries

Mental anguish, harm, fear, worry, anxiety, loss of self-esteem, depression and a suicide attempt which required hospitalization.

Deliberation

2.25 hours

Poll

11-0 (liability); 12-0 (damages)

Length

six days


#105821

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