Tower Corporation v. Rabah Khatib
Published: Nov. 29, 1997 | Result Date: Aug. 22, 1997 | Filing Date: Jan. 1, 1900 |Case number: 96CV0598 Verdict – $0
Judge
Court
Denver District
Attorneys
Plaintiff
Defendant
Experts
Defendant
Rebecca Barkhorn
(medical)
William A. Kaempfer
(technical)
Facts
The defendant/cross-complainant Rabah Khatib, was employed by Tower Corporation for 18 years. In 1992, he became general manager of Executive Tower Inn in Denver. He resigned from his position in October 1995. He alleged that his supervisor, Herbert Wasserman, harassed and discriminated against him because he was an Arab-American. Specifically, he alleged that Wasserman was demeaning to him in front of the staff, "micro-managed" him and treated him differently with respect to pay and benefits. Khatib also alleged that Wasserman instructed him to engage in illegal activity, such as insurance fraud and misrepresenting the hotel's financial condition to financial institutions. Khatib alleged constructive discharge. His attorney sent a demand letter to Tower Corp. and to Wasserman. Tower Corp, who responded filing suit against Khatib for theft, conversion and misrepresentation. They alleged Khatib took benefits and pay he was not entitled to receive. They also alleged Khatib took unauthorized payments for his home telephone bill. Khatib then filed a cross-complaint based on race/national origin discrimination, retaliation, abuse of process, outrageous conduct, breach of employment contract and wrongful discharge. With respect to the counter-claim for abuse of process, Tower Corp. contended that there was a strong, factual basis for pursuing claims against Khatib. Wasserman contended there was no evidence to support Khatib's claims of discrimination. In addition, Tower Corp. contended that Khatib quit without notice and failed to mitigate his damages.
Settlement Discussions
According to defendant/cross-complainant Khatib, Tower Corporation and Wasserman refused to extend any settlement offers at any time. Khatib offered to settle for $500,000 with an indication that he would have compromised that amount even further.
Damages
Tower Corp. alleged $22,000 to $24,000 in damages. Khatib alleged economic loss of $300,000 to $1 million, attorney fees and punitive damages.
Injuries
Defendant/cross-complainant Khatib claimed he suffered emotional distress.
Other Information
The verdict was reached approximately one year and six months after the case was filed.
Deliberation
12 hours
Poll
6-0
Length
five days
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