Facts

Sonia Lozano worked for defendants for 23 years as a machine operator. She was an undisputed exemplary employee throughout her work. Her production was double to that of her comparable employees. She was never written up for insufficient job performance. In April and June of 2004, Lozano had two on the job accidents due to both faulty tapping machines, a failure to have any barrier guards and no instituted safety procedures to prevent such accidents. Lozano complained about such dangers and was terminated within six weeks thereafter based on a pre-textual claim that she was out-of-work for three days without any authority to be out. Lozano had asked for the three days off on July 29, 2004 to take her mother, who was then seriously ill, to experimental medical treatments.

CONTENTIONS:
Plaintiff contended that she was terminated because of her safety complaints in violation of public policy and that the reason defendants gave her for her termination were totally pretextual.

Settlement Discussions

Plaintiff demanded $750,000 prior to trial; defendant made a C.C.P. 998 offer for $2,500.

Specials in Evidence

$5,000. $35,000; $315,000. $20,000;

Damages

Plaintiff contended major depressive disorder, anxiety, severe emotional distress, suicidal ideation, loss of earnings.

Result

Plaintiff verdict on wrongful termination in violation of public policy claim and intentional infliction of emotional distress claim. Per plaintiff, economic damages in the amount of $315,000, non-economic damages in the amount of $750,000, and punitive damages in the amount of $8 million.

Other Information

Case was mediated before the Honorable Owen Lee Kwong.

Deliberation

one day

Poll

10-2

Length

16 days