Denise Byrd v. Santa Ana Unified School District
Published: Dec. 14, 2004 | Result Date: Oct. 12, 2004 | Filing Date: Jan. 1, 1900 |Case number: 03CC04129 Verdict – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Roger L. Gordon
(Gordon, Edelstein, Krepack, Grant, Felton & Goldstein LLP)
Defendant
Experts
Plaintiff
Brian H. Kleiner
(technical)
Gunner Heiser
(medical)
Andrew Pucetti
(technical)
Defendant
Alan Forbess
(technical)
Ben Kollmeyer
(technical)
Gary Stewart M.D.
(medical)
Facts
The plaintiff claimed that Santa Ana Unified School District discriminated against her on the basis of her alleged disability and failed to accommodate her on the job. The plaintiff claimed that she had a disability known as multiple chemical sensitivity (hyper sensitivity to mold) that prevented her from working when exposed to toxic mold and chemicals. The plaintiff was a teacher at the District, teaching in portable unit number 37 at Jefferson Elementary School from 1998 through 2002. In February 2001, the District discovered mold in several portable units including the plaintiff's unit 37. The District commenced remediation of all of the units. The plaintiff claimed that she became sick because of her exposure to the mold. She was off for over a year because of her mold exposure. In August 2002, she was ready to return to work and requested that she have a clean environment and specifically did not want to return to unit 37 despite its remediation. The District nevertheless put the plaintiff back into her same unit 37. She became sick again, left school and never returned, allegedly because of her illness. The plaintiff claimed that the District should have made reasonable accommodations, given her disability and sensitivity to mold.
Specials in Evidence
$170,000
Injuries
The plaintiff claimed that she was exposed to toxic mold and as a result, suffered personal injuries, including but not limited to, respiratory distress, dry eyes, dermatological disease, ear, nose and throat problems, fatigue, malaise, immuno-suppression, sensory sensitivity to chemicals, dizziness, loss of memory, a damaged larynx and emotional distress.
Deliberation
5.5 hours
Length
two weeks
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