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Employment Law
Wrongful Termination
Retaliation

Khristi Camarlinghi v. The Harker School

Published: Nov. 23, 2004 | Result Date: Mar. 17, 2004 | Filing Date: Jan. 1, 1900 |

Case number: 102CV809188 Verdict –  $98,753

Judge

Jamie A. Jacobs-May

Court

Santa Clara Superior


Attorneys

Plaintiff

Gregg L. Kays


Defendant

Sarah K. Goldstein

Gordon J. Fine


Experts

Plaintiff

James L. Plummer
(technical)

Defendant

Margo Rich Ogus Ph.D.
(technical)

Bernard S. Rappaport
(medical)

Ronald W. Morrell
(technical)

Facts

In the autumn of 1998, plaintiff Khristi Camarlinghi, 29, began working as an administrative assistant for The Harker School, a private school located in San Jose. She alleged that she complained about rodent infestation in her work area from August 2000 to February 2001. In February 2001, she claimed that she notified the head of the school that she would file a report with the California Occupational Safety and Health Administration if he did not hire a professional exterminator, which the school did. In July 2001, the plaintiff claimed that she observed school employees removing asbestos flooring in a classroom and she questioned her supervisor over whether a contractor should be performing the flooring removal. A few days later, she was terminated. The plaintiff sued the defendant and alleged wrongful termination and retaliation in violation of public policy.

Settlement Discussions

The plaintiff demanded $200,000; the defense offered $50,000.

Specials in Evidence

$850 (the plaintiff claimed she suffered emotional distress) $125,000 $198,000

Damages

The plaintiff requested punitive damages.

Result

The jury awarded the plaintiff $98,753 but did not award punitive damages.

Other Information

The plaintiff has filed a memorandum of costs and was awarded $12,994.

Deliberation

12 hours

Poll

9-3 (liability), 9-3 (damages), 9-3 (for the defense on punitive damages)

Length

10 days


#116802

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