Elizabeth Burke v. HomeCare Nursing, Inc., et al.
Published: Oct. 28, 1995 | Result Date: Sep. 29, 1995 | Filing Date: Jan. 1, 1900 |Case number: 701623 – $550,956
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Alan Schramm
(medical)
Kathleen Farinacci
(medical)
Stephanie R. Rizzardi-Pearson
(technical)
Defendant
Melvin Schwartz
(medical)
Peter Ungvarski
(technical)
Alice Johnson
(technical)
Facts
Plaintiff Elizabeth Burke, a 47-year-old female, was employed as a homecare nurse by Defendants HomeCare, Inc., and HomeLife, Inc., from May of 1990 through February 28, 1992. On February 28, 1992, Plaintiff was demoted; she was removed from field work and offered a position in the office at a salary of approximately one-third her former salary as a field nurse. Plaintiff allegedly told Defendants that she would reply to their offer (no specified schedule). She was then out of the office for the next 3 days, allegedly on vacation. On March 2, 1992, Defendants' attorneys notified Plaintiff that she was terminated, allegedly for cause; failing to return to work within 3 days and other wrongful conduct.
Settlement Discussions
Plaintiff contends her pretrial demand was $1,000,000 reduced to $600,000 during trial; and Defendants' pretrial offer was $200,000 increased to $400,000 during trial.
Specials in Evidence
collateralized $330,000 $700,000
Injuries
Severe depression requiring extensive psychotherapy, from which Plaintiff had not recovered, at the time of trial.
Other Information
The Court nonsuited five out ten causes of action; therefore there was no cause for constructive discharge at trial.
Deliberation
4.5 days liability and damages
Poll
11-1 breach of contract, 9-3 defamation, 11-1 emotional distress, and 9-3 invasion of privacy
Length
15 days
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