Frank Kovacs v. Hughes/JVC
Published: Apr. 20, 1996 | Result Date: Mar. 14, 1996 | Filing Date: Jan. 1, 1900 |Case number: N65955 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Richard Lovell
(medical)
Dirk S. Yandell
(technical)
Barry Niman
(technical)
Thomas Schweller
(medical)
Defendant
Carol R. Hyland M.A.
(technical)
Thomas Chippendale
(medical)
Facts
From April 8, 1986 to January 11, 1995, the plaintiff, Frank Kovacs, a 55-year-old electronics technician, was employed by the defendant, Hughes/JVC ("Hughes"). In March of 1992, the plaintiff developed Parkinson's disease and a frozen shoulder. He was diagnosed in June of 1993. The plaintiff went on medical leave on July 6, 1993. The medical leave was extended until he was subsequently laid off on January 11, 1995, pursuant to provisions of a collective bargaining agreement. The defendant alleged that six months later, Hughes recalled the plaintiff under the collective bargaining agreement but the plaintiff did not respond and was terminated per the agreement. The plaintiff brought this action against the defendant based on a handicap discrimination/failure to accommodate and retaliation theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $50,000 (per the plaintiff)/$150,000 (per the defendant) at a mediation session and the defendant made no settlement offers.
Specials in Evidence
$250,000 (per the defendant) $400,000 (per the defendant)
Damages
Per the plaintiff, the plaintiff claimed $286,000 in loss of earnings. Per the defendant, the plaintiff claimed $650,000 in loss of earnings.
Injuries
The plaintiff alleged that he sustained emotional distress and loss of earnings as a result of the defendant's conduct.
Other Information
The verdict was reached approximately one year and four months after the case was filed. An early mediation was held in July of 1995, but was unsuccessful and did not result in meaningful discussion. The court granted the defendant's motion for a non-suit as to the punitive damages claim. The court granted the plaintiff's motion in limine to prevent the defendant from introducing the plaintiff's social security records and EDD records into evidence and to prevent argument by the defendant that receipt of social security disability benefits precludes a claim for disability discrimination. Motions for new trial and judgment notwithstanding the verdict will be filed by the plaintiff.
Deliberation
1+ days
Poll
10-2 (discrimination/failure to accommodate), 12-0 (retaliation), 12-0 (violation of public policy)
Length
25 days
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