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Employment Law
Constructive Discharge
Harassment

Frank Barkowski v. City of Los Angeles

Published: Jan. 25, 1997 | Result Date: Dec. 19, 1996 | Filing Date: Jan. 1, 1900 |

Case number: BC044286 –  $340,250

Judge

Florence-Marie Cooper

Court

L.A. Superior Central


Attorneys

Plaintiff

Gregory G. Petersen

Karen H. Wetmore


Defendant

Patricia A. Kinaga
(LTL Attorneys LLP)


Experts

Plaintiff

David L. Friedman
(medical)

Samuel Kaufman
(medical)

Kip E. Jones
(technical)

Defendant

Samuel J. Wells
(Law Offices of Samuel J. Wells APC) (medical)

Raymond G. Schultz
(technical)

Jonathan Greenberger
(medical)

Facts

On April 16, 1991, plaintiff Frank Barkowski, a 39-year-old police officer, had been a detective for 14 and one-half years with the Los Angeles Police Department. He had received "excellent" and "outstanding" performance reviews for 17 years and allegedly was encouraged to promote to sergeant. The plaintiff claimed that a captain and a lieutenant decided that he was not fit to be a police officer and convened a Board of Inquiry to have the plaintiff removed from the sergeant's list. The plaintiff brought this action the defendant city of Los Angeles based on constructive discharge theories of recovery.

Settlement Discussions

The plaintiff made a C.C.P. º998 settlement demand for $550,000. The defendant made no settlement offers.

Specials in Evidence

$___________ $215,250 $___________ $___________

Damages

In addition to special damages, the plaintiff claimed $125,000 in general damages.

Injuries

The plaintiff claimed post traumatic stress disorder and depression.

Other Information

The verdict was reached approximately five years after the case was filed. A settlement conference was held on March 21, 1996 before Judge Florence Marie Cooper of Los Angeles Superior Court. It did not resolve the matter.

Deliberation

4 hours

Poll

12-0

Length

20 days


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