Irvin Caesar v. Asian Rehabilitation Services Inc., Stan Hicks, Frank Baumgardner, Monique Omori, Douglas Matsui, and Does 1-100
Published: Dec. 15, 2007 | Result Date: Oct. 25, 2007 | Filing Date: Jan. 1, 1900 |Case number: BC292558 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Michael F. Baltaxe
(Sottile Baltaxe)
James K. Autrey
(Office of the Los Angeles City Attorney)
Defendant
Steven M. Maslauski
(Prindle, Goetz, Barnes & Reinholtz LLP)
Experts
Plaintiff
Roberta Sherwood
(technical)
Defendant
Saul J. Faerstein
(medical)
Facts
Since Aug. 8, 2001, Asian Rehabilitation Services employed plaintiff Irvin Caesar as a project manager, supervising 20 employees working at the federal courthouse as janitors. He had been given Manager of the Year award at the 2001 Christmas party. On May 22, 2002, the plaintiff was terminated.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that his termination was in violation of public policy. He alleged that he suffered loss of earnings and emotional distress as a result of said termination. The plaintiff also contended that he discovered certain of his employees were not paid the appropriate wage rate, and that when he brought this to management's attention, they fired him for whistleblowing.
DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff was terminated for various performance issues, and denied that plaintiff protested any non-payment of required wages to employees. The defendant denied the plaintiff suffered any damages as a result of being terminated.
Settlement Discussions
The plaintiff's pretrial demand was $500,000. The defendant made a C.C.P. Section 998 demand for $175,000. The defendant increased its offer to $200,000 after jury indicated a 7-5 deadlock in favor of plaintiff. The plaintiff reduced his demand to $450,000.
Specials in Evidence
$750,000
Damages
Loss of earnings, emotional distress and punitive damages.
Result
Defense verdict.
Other Information
Mediation with Judge Alexander Williams III did not resolve the case due to high settlement demand. FILING DATE: May 1, 2003.
Deliberation
three days
Poll
10-2 (defense on liability)
Length
15 days
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