Michael O'Connor v. Exchange Bank
Published: Apr. 18, 1998 | Result Date: Mar. 25, 1998 | Filing Date: Jan. 1, 1900 |Case number: 204252 Verdict – $0
Judge
Court
Sonoma Superior
Attorneys
Plaintiff
Defendant
Lewis R. Warren
(Abbey Weitzenberg Warren & Emery)
Experts
Plaintiff
Mark R. Newton
(technical)
Defendant
Jack Thomas
(technical)
Barry Ben-Zion Ph.D.
(technical)
James C. McGowan
(technical)
Craig Pratt
(technical)
Facts
Defendant Exchange Bank employed plaintiff Michael O'Connor for 16 years, approximately five years as branch manager. During the plaintiff's last year of employment there were a number of issues raised regarding unsatisfactory performance. The final incident, just prior to termination, involved the plaintiff's reaction to, and handling of, a fraud scheme to which his branch fell victim. The plaintiff was terminated on July 13, 1992, and brought this action against the defendant based on a breach of implied contract theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $200,000. The defendant made a C.C.P. º998 offer of compromise for $50,000.
Damages
Plaintiff claimed economic damages totaling $431,000.
Other Information
The verdict was reached approximately five years after the case was filed. The jury agreed that an implied contract existed with respect to the plaintiff's termination. However, the jury found that the bank did have good cause to terminate the plaintiff's employment, and that it did not violate any covenant of good faith and fair dealing.
Deliberation
two hours
Poll
11-1 (for plaintiff - existence of implied contract), 10-2 (for defendant - breach without cause), 9-3 (for defendant - breach of covenant of good faith and fair dealing)
Length
eight days
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