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Employment Law
Race Discrimination
Intentional Infliction of Emotional Distress

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

Michael B. Harwin

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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