Colleen Wrysinski v. Agilent Technologies Inc.
Published: Nov. 9, 2004 | Result Date: Jun. 17, 2004 | Filing Date: Jan. 1, 1900 |Case number: SCV13516 Verdict – $4,817,500
Judge
Court
Placer Superior
Attorneys
Plaintiff
Defendant
Harold J. Wulfsberg
(Burke, Williams & Sorensen LLP)
Experts
Plaintiff
Charles R. Mahla Ph.D.
(technical)
Elizabeth Ison
(technical)
Facts
Plaintiff Colleen Wrysinski, 41, was hired as a project manager for defendant Agilent Technologies Inc. Six months after she began, she told her manager that she was pregnant and planned to take leave from June 2001 to January 2002. Two months later, her manager made a decision not to confront perceived performance issues because she was pregnant and going on leave. In August 2001, defendant announced a layoff affecting 4,000 employees. The plaintiff was terminated in September 2001.
Settlement Discussions
The plaintiff demanded $1 million plus attorney fees. The defendant's offer was $105,000.
Damages
The plaintiff claimed past and future lost wages of $287,365 and future lost earnings of $558,815. She also claimed pain and suffering and emotional distress. The plaintiff sought punitive damages. The defendant argued that the plaintiff had gone on to a new career as a real estate agent, whereby her earning capacity at her new career would eventually be greater than that of a project manager. The defendant contended it was entitled to an offset/credit for the increased earnings until the date of her retirement, thus avoiding damages all together. This argument was presented in closing but failed to convince the jury. The defendant had no economic experts, but it did argue that plaintiff's economic expert made incorrect assumptions.
Result
The jury found for the plaintiff on all claims except retaliation. It awarded her $4,817,500 ($3,854,320 punitive damages; $117,000 pain and suffering and emotional distress; $287,365 lost earnings; $558,815 lost earning potential).
Other Information
The plaintiff filed a motion to augment the compensatory damages under the Family Medical Leave Act. The court awarded $406,372. The plaintiff will be seeking attorney fees. The defendant will be filing motions for remittitur and new trial. It also indicated its plans to appeal the judgment.
Deliberation
two days
Poll
varied as to the causes of action
Length
five weeks
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