Leslie E. Tanner v. City of San Jose
Published: Jun. 14, 2005 | Result Date: Mar. 11, 2005 | Filing Date: Jan. 1, 1900 |Case number: CV808800 Verdict – $0
Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Defendant
Michael J. Dodson
(Jeanette N. Little & Associates)
Experts
Plaintiff
Inna Ravkin
(medical)
Rodger Schuester
(technical)
Mercedes Conklin
(medical)
Facts
In 1997, Leslie Tanner, 46, was hired by the city of San Jose as an entry-level engineer in the utilities section of the Engineering Services Division of the Public Works Department. Shortly after being hired, Tanner claimed to have developed a gastrointestinal condition that caused such symptoms as nausea, vomiting, stomach pain and headaches. Tanner claimed that stressful situations at work aggravated his symptoms. Despite this, he continued to receive satisfactory performance reviews. Tanner was rotated out of the utilities section for one year as part of a standard training program. When he resumed work in the utilities section, he claimed he was harassed by his new immediate supervisor. Tanner complained to his immediate supervisor. His complaint was e-mailed to his other supervisors as well, however, no investigation or other actions were taken according to Tanner. As a result of further harassment and unfair criticism regarding his job performance, Tanner's gastrointestinal symptoms worsened. Tanner subsequently took time off work, at which time, a reprimand was placed in his file. Tanner then requested that he be transferred from his position. This request was denied and he was asked to resign. In 2000, Tanner sued the city of San Jose, alleging disability discrimination, failure to accommodate, harassment, retaliation and wrongful termination.
Settlement Discussions
The plaintiff demanded $390,000.
Specials in Evidence
$590,000
Damages
$200,000 for emotional distress.
Result
Defense
Deliberation
3.25 hours
Poll
10-2 (reasonable accommodation), 10-2 (retaliation), 11-1 (wrongful termination), 11-1 (disability discrimination), 12-0 (disparate treatment)
Length
10 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390