Carole Arbuckle v. State of California
Published: Aug. 7, 2010 | Result Date: Jul. 27, 2010 | Filing Date: Jan. 1, 1900 |Verdict – $1,182,500
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Noreen P. Skelly
(California Dept. of Justice)
Lyn Harlan
(Office of the Attorney General)
Facts
While plaintiff Carole Arbuckle was an office assistant for the California State Board of Chiropractic Examiners, she reported that board member Sharon Ufberg's chiropractic license had temporarily lapsed in early 2001.
Contentions
PLAINTIFF'S CONTENTIONS:
Arbuckle alleged that after she reported the lapse in Ufberg's license, her previously top-rated performance ratings began to decline, and she was subsequently denied a promised promotion. Arbuckle filed suit against the State as well as her former boss, Kim Smith, alleging she suffered retaliation for blowing the whistle no wrongdoing at the agency. She further alleged she was subject to personal attacks and forced to take time off on disability. Arbuckle contended that she was transferred to other state jobs, which paid lower than her previous position.
DEFENDANT'S CONTENTIONS:
The State contended that Arbuckle's claims were barred by her previous action filed with the State Personnel Board. The State further contended that Arbuckle's reports were not disclosures protected by the State's Whistleblower Protection Act and that none of the actions taken against her substantially and materially affected the terms of her job. The State alleged that actions were taken for legitimate business reasons.
Damages
Arbuckle claimed the board's action cost her $750,000, including retirement losses.
Result
The jury rendered a verdict in favor of Arbuckle, awarding her $1.175 million in compensatory damages and $7,500 in punitive damages.
Other Information
Plaintiff intends to filed for attorney fees.
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