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Employment Law
Wrongful Termination
Handicap Discrimination

Ellen Keller v. Haagen-Dazs Company, Inc.

Published: Oct. 5, 1996 | Result Date: Sep. 10, 1996 | Filing Date: Jan. 1, 1900 |

Case number: C943155CAL –  $0

Judge

Charles A. Legge

Court

USDC Northern


Attorneys

Plaintiff

Araceli K. Cole


Defendant

Jana L. DeMeire

James A. Goodman
(Epstein, Becker & Green PC)


Experts

Defendant

Alfred D. Katz
(medical)

Facts

Plaintiff Ellen Keller, a 38-year-old woman, was a route sales driver for defendant Haagen-Dazs Company. The plaintiff's thyroid was removed on April 1, 1993 and she returned to work on May 25, 1993. The plaintiff's employment was terminated on April 25, 1994. The plaintiff brought this action against the defendant based on breach of employment contract, breach of the implied covenant of good faith and fair dealing, handicap discrimination, tortious discharge in violation of public policy, gender discrimination, intentional infliction of emotional distress and negligent infliction of emotional distres theories of recovery.

Settlement Discussions

The plaintiff demanded $350,000 and the defendant offered $20,000.

Specials in Evidence

$_________ $_________ $_________ $_________

Damages

The plaintiff claimed $65,000 in lost wages and $487,000 in emotional distress damages.

Other Information

The verdict was reached approximately two years and one month after the case was filed. A settlement conference was held on June 7, 1995 before Chief Magistrate F. Steele Langford of the Untied States District Court for the Northern District. It did not resolve the matter. Plaintiff's claims for breach of employment contract, breach of the implied covenant of good faith and fair dealing and gender discrimination were dismissed on defendant's motion for summary jugdment before trial.

Deliberation

2+ hours

Poll

8-0

Length

5 days


#109707

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