Facts

Plaintiff Gilbert Campos, filed an action against defendants Thermalair Inc., an HVAC company, and his supervisor Mike Garcia, based upon his termination of employment.

Defendant Garcia was dismissed by stipulation of the parties prior to the onset of trial.

PLAINTIFF'S CONTENTIONS:
Plaintiff was employed by defendant as a journeyman and a foreman for nine years. Plaintiff contended that throughout his employment he received pay raises, positive performance evaluations, and was never the subject of any disciplinary action. On Sept. 14, 2013, plaintiff sustained a work-related injury. Plaintiff claimed that from the date of his injury until his termination date, his employer failed to provide him with any reasonable accommodation, failed to engage in a good faith interactive process, and failed to return him to work with restrictions, among others.

Plaintiff asserted causes of action for wrongful termination, retaliation, discrimination, emotional distress, and sought punitive damages.

DEFENDANTS' CONTENTIONS:
Defendant claimed plaintiff was terminated for his disregard for safety procedures involving fall prevention while in a supervisory position.

Defendant filed a motion for nonsuit.

Settlement Discussions

Defense made two CCP 998 offers, one for $105,000 and a second for $200,000. Both were unaccepted/expired. Plaintiff made a CCP 998 demand for $879,000 that was unaccepted/expired.

Result

The court granted defendant's motion for nonsuit on four out of plaintiff's seven claims. Plaintiff's claims for disability discrimination, wrongful termination in violation of public policy, and intentional infliction of emotional distress, were submitted to the jury. The jury found in favor of the defense and judgment was rendered for the defense on all claims.

Other Information

FILING DATE: Oct. 23, 2014.

Deliberation

three hours

Length

nine days