Ralph Hogue v. MQS Inspection, Inc.
Published: Apr. 6, 1996 | Result Date: Feb. 24, 1996 | Filing Date: Jan. 1, 1900 |Case number: 93B2099 – $237,420
Judge
Court
USDC Colorado
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Brett Wilson
(technical)
Richard Meinig
(medical)
Wayne Gardenswartz
(technical)
Defendant
Jeffrey H. Oppenheimer
(technical)
Facts
On November 4, 1991, the plaintiff, Ralph Hogue, was a 47-year-old supervisor for the defendant company, MQS Inspection, Inc. The defendant company specializes in non-destructive testing of welds, such as those in industrial storage vessels, pipes, and structural steel. While at work, the plaintiff fell 15 feet and sustained injuries requiring the plaintiff to undergo a surgical ankle fusion. During the plaintiff's absence a temporary supervisor was appointed. The plaintiff's replacement did not have the certifications required by MQS for permanent incumbents of the supervisory position. During the summer of 1992, the plaintiff's treating orthopedic surgeon opined that the plaintiff would be able to return to modified work in September of 1992, with a full return to work in December. The defendant, MQS, took the position that the plaintiff could not return to work until a functional capacity evaluation had been performed. In the meantime, MQS had the temporary replacement obtain the necessary certifications and appointed him permanent supervisor on September 21, 1992. Ostensibly based on the results of the functional capacity evaluation, MQS contended that the plaintiff could not perform the physical requirements of the job. In addition, it maintained that the supervisory position had been filled and was not open. It offered the plaintiff a "training instructor" position, which was part-time, offered no benefits and paid a lower hourly rate than the supervisory position. The plaintiff filed a complaint with the Equal Employment Opportunity Commission ("EEOC"). When MQS found out about this, the manager terminated the plaintiff for filing the complaint. The manager offered him the training instructor job again soon after speaking with MQS headquarters personnel and realizing the illegality of the plaintiff's termination. The plaintiff took the training instructor job but accepted a position as supervisor for another non-destructive testing company in June of 1993, a position that offered better pay and benefits than the training instructor position, but less compensation than his MQS supervisory job. The plaintiff alleged that he had been discriminated against because of his disability, in violation of the federal Americans with Disabilities Act (ADA) and brought this action against the defendant based on those theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $80,000 (per the plaintiff) and $70,000 (per the defendant). The defendant made a settlement offer for $18,000 (per the plaintiff). Per the defendant, the settlement discussions were confidential.
Specials in Evidence
$51,861 (real dollars); $48,907 (discounted) $198,500 (real dollars); $141,844 (discounted or future values)
Damages
The plaintiff claimed $193,543 in economic damages and requested compensation for emotional pain and suffering due to the original termination, demotion and retaliation.
Injuries
The plaintiff alleged that he suffered emotional distress as a result of the defendant's actions.
Other Information
The verdict was reached approximately one year and four months after the case was filed. The Court ruled as a matter of law that the plaintiff had not been constructively discharged from his position and that he was not entitled to present a claim to the jury for punitive damages. The case settled after trial for an undisclosed amount.
Deliberation
3 hours
Poll
not taken
Length
5 days
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