Dwayne McHenry v. Sherman Oaks Hospital, et al.
Published: Aug. 19, 2003 | Result Date: Jul. 21, 2003 | Filing Date: Jan. 1, 1900 |Case number: LC058422 Verdict – $0
Judge
Court
L.A. Superior Van Nuys
Attorneys
Plaintiff
Rupert A. Byrdsong
(Los Angeles County Superior Court)
Defendant
Linda Miller Savitt
(Ballard, Rosenberg, Golper & Savitt LLP)
Facts
The plaintiff was the chief operating room technician at Sherman Oaks Hospital. Following an altercation with a co-worker, the hospital received a grievance from a nurse in the operating room entitled, "Dwayne's World Grievance" complaining about misconduct and mismanagement in the operating room. The hospital conducted an investigation and uncovered the fact that the plaintiff was given permission to leave the hospital during the day to attend school and reported on his time card that he was there the entire time and in fact worked overtime. According to the plaintiff, the person who gave the plaintiff permission was African-American. After the investigation and after interviewing the plaintiff, he was terminated.
Settlement Discussions
The plaintiff initially demanded $25,000 and then increased this at trial to $50,000; the defendant submitted an offer but later withdrew it.
Other Information
The jury indicated that plaintiff was wrongfully terminated; however, the jury did not believe that race played the roled.
Deliberation
one hour
Poll
11-1
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