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Employment Law
Inducement to Relocate
Fraud

Richard Dryden v. Michael Cadillac, Inc., et al.

Published: Sep. 9, 1995 | Result Date: Aug. 18, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 5071659 –  $0

Judge

Franklin P. Jones

Court

Fresno Superior


Attorneys

Plaintiff

Russell D. Cook
(Law Office of Russell D. Cook)


Defendant

Gregory J. Smith


Experts

Defendant

Peter Reyer
(technical)

Facts

Plaintiff Richard Dryden, a 38-year-old auto-body technician, was hired by Defendant Michael Cadillac, Inc., after Plaintiff responded to an advertisement concerning employment available in Fresno. Plaintiff lived in Maine at the time and relocated to Fresno. After 2 1/2 months of employment, Plaintiff was terminated for cause.

Settlement Discussions

Plaintiff contends he made a 998 demand of $49,998 and Defendant made a 998 offer of $3,000.

Specials in Evidence

$40,000

Damages

Plaintiff sought (from the jury) approximately $86,000: lost wages in the approximate amount of $40,000; general damages of $40,000; and relocation expenses to return to Maine in the approximately amount of $6,500 -- these damages were to be doubled by this court pursuant to Labor Code Section 972. Plaintiff also requested punitive damages.

Injuries

High blood pressure requiring treatment from a physician; emotional distress requiring counseling.

Result

The jury was provided with special verdict instructions and forms; Plaintiff recovered nothing; and Defendant recovered costs in the amount of $5,333.

Deliberation

5 hours

Poll

10-2

Length

10 days


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