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Employment Law
Wrongful Termination
Race Discrimination

Donald Thurber v. Golden State Overnight, Inc.

Published: Nov. 7, 1998 | Result Date: Aug. 3, 1998 | Filing Date: Jan. 1, 1900 |

Case number: 97AS01812 Verdict –  $0

Judge

Lloyd A. Phillips Jr.

Court

Sacramento Superior


Attorneys

Plaintiff

James E. McGlamery
(Law Office of James E. McGlamery)

Kelley Rasmussen


Defendant

Kevin Hyatt


Experts

Plaintiff

Robert D. Johnson
(technical)

Kathleen O'Meara
(medical)

Facts

Plaintiff Donald Thurber was a 37-year-old Japanese delivery supervisor employed by defendant. The plaintiff contended that he was terminated because of his race and because he complained to his supervisor about the racially hostile remarks of a co-worker. The plaintiff was responsible for the supervising of morning delivery and sales. The plaintiff's supervisor met with him regarding his performance and fired him three days later, allegedly based on a lack of sales and poor supervisory performance. The defendant contended that the plaintiff was discharged for cause. The plaintiff brought this wrongful termination action against the defendant based on race discrimination and retaliation theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $80,000, reduced to $39,999. The defendants made no offer.

Damages

The plaintiff claimed $1 million plus punitives.

Other Information

The verdict was reached approximately 16 months after the case was filed. SETTLEMENT CONFERENCE: A settlement conference held in January 1998 before Brad Booth of DFEH did not result in settlement.

Deliberation

one day

Poll

12-0

Length

five days


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