Philip Hunt v. Kiewit Granite, Kiewit Pacific Co., Granite Construction Company
Published: Nov. 8, 2001 | Result Date: May 15, 2001 | Filing Date: Jan. 1, 1900 |Case number: GIN003487 Verdict – $69,613
Facts
The plaintiff was employed by defendant Kiewit-Granite as a heavy equipment operator on the east dam reservoir
project, located near Hemet, California. The plaintiff allegedly noticed that a female co-worker was being
harassed and treated unfairly by a foreman and encouraged her to stand up for herself and tape-record the
foremanÆs conduct. The female co-worker complained to the companyÆs Equal Employment Opportunity office
and was laid off shortly after making the complaint.
Approximately four months later, the foreman was promoted and became the plaintiffÆs
supervisor. The plaintiff was then allegedly given unreasonable work assignments, which
required the plaintiff to dig through solid rock. These work assignments purportedly caused the
plaintiff to be injured. After the injury, the plaintiff was placed on light duty and then terminated.
Settlement Discussions
The defendants offered $5,000 at the mandatory settlement conference and $12,000 per C.C.P. Section 998 on March 12, 2001. The plaintiff demanded $500,000 at the mandatory settlement conference and $325,000 after the defendantsÆ motion for non-suit on the claim of punitive damages was granted during trial.
Specials in Evidence
$19,000 (according to the plaintiff); $3,236 (according to the defendant)
Damages
The plaintiff claimed $19,000 as lost earnings. The defendant argued that the plaintiffÆs lost earnings were only $3,236, even assuming a wrongful termination.
Result
The jury awarded the plaintiff a total of $68,613. The judgment consisted of $12,975 in economic damages and $55,639 in non-economic damages. The plaintiff filed a motion for attorney fees seeking over $300,000 in fees. The attorneys-fee award was $168,606 and the costs were $10,240.
Other Information
The defendantsÆ motion for nonsuit on the claim of punitive damages was granted after the plaintiff rested. The plaintiff dismissed his claim for disability discrimination prior to closing argument. The defendantsÆ motion for new trial and judgment notwithstanding the verdict was denied on July 13, 2001. The defendants have filed a notice of appeal.
Deliberation
eight hours
Poll
11-1
Length
4 days
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