George Miller Jr. v. Vicorp Restaurants Inc.
Published: Jun. 21, 2005 | Result Date: Apr. 5, 2005 | Filing Date: Jan. 1, 1900 |Case number: C030777 Verdict – $350,000
Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
David R. Sidran
(Sidran Law Corp.)
Experts
Plaintiff
Margo Rich Ogus Ph.D.
(technical)
Facts
Plaintiff George Miller Jr. was hired as the assistant manager of Baker's Square Restaurant in San Jose in 2001, when he was 59 years old. On March 30, 2002, the plaintiff was closing the restaurant when a 350-pound pie cart tipped over and fell on him. The plaintiff went to the emergency room after finishing his shift and was advised to rest for three days. The plaintiff immediately faxed the doctor's note to his supervisor, Richard Sambolin. The next day, Sambolin faxed the plaintiff a workers' compensation form. The plaintiff submitted it on April 2. The plaintiff visited his doctors again during his medical leave and faxed his health status reports to his supervisors. On April 4, the plaintiff's doctors cleared him to return to work as long as he worked no more than eight hours per day and 40 hours per week. Sambolin told the plaintiff that he could not return to work unless he worked at least 50 hours per week. The plaintiff tried to return to work on April 12 but was told that he was terminated effective April 2.
Result
The jury found in favor of the plaintiff on his claim of disability discrimination and wrongful termination for filing a claim for workers' compensation but rejected his claims of race and age discrimination.
Deliberation
seven hours
Poll
8-0
Length
six days
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