This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wrongful Termination
Defamation

Robert M. Sallustio v. Kemper Independence Insurance Company, Alan Kikuyama, Coy Jacobs

Published: Sep. 6, 2014 | Result Date: May 9, 2014 | Filing Date: Jan. 1, 1900 |

Case number: 34-2007-00882286-CU-WT-GDS Verdict –  $5,653,600

Court

Sacramento Superior


Attorneys

Plaintiff

David M. deRubertis
(The deRubertis Law Firm APC)

Christopher H. Whelan

Lucas C. Whelan


Defendant

Mark P. Grajski
(Seyfarth Shaw LLP)

Lindsay S. Fitch


Experts

Plaintiff

Charles R. Mahla Ph.D.
(technical)

Facts

Robert Sallustio filed a lawsuit against Kemper Independence Insurance Co.

Contentions

PLAINTIFF'S CONTENTIONS:
Sallustio and his former wife, Nancy, were employees at Kemper. Sallustio alleged that after their divorce, Nancy had to take two leaves of absence for stress related disabilities. Sallustio also alleged that Nancy's supervisor wanted to terminate her employment because of her stress disability. Sallustio contended that when he complained about the treatment toward Nancy, co-workers defamed him and his employment was wrongfully terminated. Sallustio alleged that two co-workers defamed him to others regarding a lack of presence and availability at work. Sallustio contended that these false allegations led to an investigation, and claimed that the true facts were ignored, and ultimately he was terminated based on these false allegations.

DEFENDANT'S CONTENTIONS:
Kemper denied the allegations of Sallustio and argued that the allegations made by Sallustio's co-workers were not false.

Result

A jury returned a verdict in favor of Sallustio and awarded him $4,734,149 in damages, which included $3,000,000 in punitive damages. Thereafter, judgment was entered for Sallustio and against Kemper in the total amount of $5,653,604.38.

Deliberation

4.5 days

Length

five weeks


#108175

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390