Bradley Wayne Nutt v. Metropolitan Water District of Southern California and Does 1 through 50, inclusive
Published: Jul. 9, 2016 | Result Date: Jun. 1, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC550863 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Robert H. Tyler
(Tyler & Bursch LLP)
Defendant
Nathan J. Kowalski
(Atkinson, Andelson, Loya, Ruud & Romo)
Irma Rodriguez Moisa
(Atkinson, Andelson, Loya, Ruud & Romo)
Experts
Plaintiff
Francis D. Mummery
(technical)
Defendant
James R. High
(medical)
A. Jubin Merati Ph.D.
(technical)
Facts
Plaintiff Bradley W. Nutt started working for defendant Metropolitan Water District of Southern California in October 2008. Plaintiff filed suit against his former employer following his termination in July 2011.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff filed an internal EEOC complaint for religious discrimination in June 2009, and was terminated in July 2011. Plaintiff sued for religious discrimination and retaliation. Plaintiff claimed that defendant discriminated against plaintiff for his religious beliefs and fired him in retaliation for plaintiff's internal complaints alleging religious discrimination.
DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations. Defendant contended it has a culture of inclusion and does not tolerate religious discrimination. Defendant allowed staff members to participate in Bible study during lunchtime, allowed a prayer during invocations before meetings of its Board, and celebrated various religious practices in December of each year.
Defendant terminated plaintiff because plaintiff argued with his supervisor and co-workers, lied about whether defendant's Employee Assistance Program counselor had recommended his transfer, failed to show up for mandatory training, and told his supervisor to communicate with him only through email.
Defendant contended plaintiff broke workplace rules by being away from his desk and was insubordinate on many occasions. Plaintiff's supervisor and co-workers testified at trial that he was insubordinate, not a team player, and shouted at people. Defendant claimed plaintiff also was combative when testifying at trial. Defendant had many checks and balances in its employment system, so in addition to plaintiff's supervisor, three of defendant's other managers and employee relations personnel determined that he should be terminated from his job.
Before plaintiff was terminated, defendant tried to help him, providing him with counseling through its Employee Assistance Program, training opportunities, and suggestions for improvement. Defendant gave plaintiff many warnings and chances to improve, providing him with an oral warning, a written warning, a three-day suspension, a two-week suspension and ultimately terminated plaintiff. Defendant further argued that plaintiff was not credible. He did not disclose on his job application that he had been fired from two jobs before working for defendant. He listed his brother's company as a reference and did not disclose their relationship. Many witnesses at trial contradicted plaintiff's testimony about his actions at the workplace.
Settlement Discussions
Defendant made a CCP 998 offer of $20,000 before trial.
Damages
Plaintiff requested $1,614,105 in economic damages and an additional fair sum for emotional distress.
Result
Defense verdict.
Deliberation
six hours
Poll
12-0 (defense on religious discrimination), 11-1 (defense on retaliation)
Length
three weeks
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390