Larry Barton v. City of Mountain View, Cathy Lazarus, Kathy Farrar, Jim Russell
Published: Oct. 15, 2005 | Result Date: Aug. 9, 2005 | Filing Date: Jan. 1, 1900 |Case number: 103CV004619 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Marina B. Pitts
(Leone, Alberts & Duus)
Louis A. Leone
(Leone, Alberts & Duus)
Experts
Plaintiff
Philip Lee
(medical)
Marcia Haight
(technical)
Rajiv Das
(medical)
Robert W. Johnson CPA
(technical)
Defendant
Nora Ostrofe
(technical)
Facts
In 2001, 51-year-old Larry Barton lost his job as a maintenance worker at the Department of Public Works in Mountain View. In 1995, a co-worker had filed a complaint against Barton, alleging harassment and a hostile work environment. In 1999, two co-workers made additional claims against Barton for commenting on their sexual orientation. Barton was demoted in 2000. Barton appealed, arguing disparate treatment. Specifically, Barton argued that a female co-worker who had made inappropriate comments in an unrelated incident was not demoted. Prior to his demotion, Barton suffered an injury to his elbow while at work. Barton claimed he could only perform light duties. As a result, his position was changed to reflect that request. In 2001, Barton argued he was permanently disabled. Barton requested a permanent light-duty position, which his supervisors were unable to provide. In 2001, the City separated him from employment because he refused to accept any of the alternative jobs that were offered to him, or the one job that had been created for him. Barton sued the City, Public Works Director Cathy Lazarus, Employee Services Director Kathy Farrar, and Assistant Public Works Director Jim Russell, for wrongful termination, disability and gender discrimination, and retaliation.
Settlement Discussions
The plaintiff demanded $850,000 plus lifetime medical benefits. The defense offered $65,000 and lifetime medical benefits, or alternatively $85,000.
Damages
The plaintiff asked for an award of $2 million.
Injuries
The plaintiff claimed the stress of being terminated caused him to suffer a heart attack. The defense argued that the heart attack was brought on by heavy drinking, smoking, hypertension, and high cholesterol.
Result
The jury returned a verdict for the defendants.
Other Information
The jurors who thought the plaintiff was disabled within the FEHA definition, did not believe the City had discriminated against him.
Deliberation
seven hours
Poll
9-3 (disability), 12-0 (gender discrimination and retaliation)
Length
11 days
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