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Employment Law
Retaliation
Wrongful Termination

James Ted Carter v. Escondido Union High School District

Published: Jun. 14, 2005 | Result Date: Apr. 6, 2005 | Filing Date: Jan. 1, 1900 |

Case number: GIN027111 Verdict –  $1,185,260

Judge

Thomas P. Nugent

Court

San Diego Superior


Attorneys

Plaintiff

Veronica M. Aguilar

Leah M. Zinter


Defendant

Jeffrey A. Morris

Daniel R. Shinoff
(Artiano Shinoff)


Experts

Plaintiff

Timothy Dunnigan
(medical)

Robert A. Taylor
(technical)

Angela Ludy
(technical)

Defendant

Harry Weinberg
(technical)

Glen S. Lipson
(medical)

Facts

Plaintiff James Carter was a teacher at Spring Valley High School when he complained that Ed Carberry, the football coach at a nearby high school, was encouraging his players to use Creatine, an illegal muscle-building substance. When the plaintiff received no response to his complaint, he quit his job and took a position at Orange Glen High School, part of Escondido Union High School District. Soon after the plaintiff was hired, Carberry's wife, Dianna Carberry, was named the principal of Orange Glen High School. She fired the plaintiff after three semesters for unsatisfactory performance.

Injuries

The plaintiff alleged that his firing made it impossible for him to find another teaching job in the region. He also claimed emotional distress, depression and humiliation.

Result

$885,258 (past and future lost earnings); $300,000 (emotional distress).

Deliberation

one day

Poll

12-0 (liability), 10-2 (damages)

Length

three weeks


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