David Blain v. La Canada Flintridge Group, et al.
Published: Nov. 6, 1993 | Result Date: Oct. 26, 1993 | Filing Date: Jan. 1, 1900 |Case number: BC011600 – $240,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Andrew B. Patterson
(medical)
Facts
On or about July 29, 1989, Plaintiff, David Blain a 36-year-old food and beverage director and vice president of operations of Defendants La Canada Flintridge Country Club and Radisson Hotel City of Commerce was accused of charging three beers (among other things) to the bar tab of a law firm who was having a function at the Country Club. The Defendants collected the dossier of alleged incidents involving Plaintiff, although they had not confronted him with it prior to termination. While the dossier was being collected, Plaintiff was given a raise, a letter of recommendation, an increase in responsibility, and was offered a job higher in management. He was fired on October 3, 1989 without being given an opportunity to defend himself. Plaintiff was thirty six years of age, at the time of the incident. Thereafter, an individual Defendant, a vice-president of the corporation, met with members of the Country Club Golf Association and, when asked why Plaintiff was terminated, told them that we he "fired for incidents of theft and other violations of policy." Plaintiff argued that he was out of work for twenty-two weeks and has since found a job in another industry (although he trained in the hotel business in England and had been working in the hotel business for approximately twelve years when he was terminated). Plaintiff contended that he suffered from severe depression because of the publicity given the incident, as well as the fact that he did not steal anything and that he brought a suit based on breach of employment contract, slander per se, and false light invasion of privacy. Defendants contended that Plaintiff was not slandered.
Settlement Discussions
Plaintiff contends their demand was $150,000 and Defendant's offer was $15,000.
Specials in Evidence
$9,200 $25,000 yes, unspecified unknown
Damages
$25,000 lost earnings and unspecified slander damages.
Deliberation
2 days
Poll
12-0 breach of contract, 11-1 slander, 11-1 invasion of privacy
Length
4.5 days
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