This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Wrongful Termination
Sexual Harassment

Danielle Thornton v. Central Coast Bancorp

Published: Feb. 2, 2008 | Result Date: Oct. 19, 2007 | Filing Date: Jan. 1, 1900 |

Case number: M77014 Verdict –  Defense

Court

Monterey Superior


Attorneys

Plaintiff

John H. Elson


Defendant

Michael P. Masuda
(Noland, Hamerly, Etienne & Hoss PC)


Experts

Plaintiff

James L. Plummer
(technical)

Defendant

Eric J. Drabkin
(technical)

Facts

Plaintiff Danielle Thronton, age 26, worked for defendant, Community Bank. Defendant placed plaintiff on probation and later terminated her.

Contentions

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged a hostile work environment at the bank. She further contended that defendant had terminated her in retaliation for her filing of a separate sexual harassment claim.

DEFENDANT'S CONTENTIONS:
The defendant denied plaintiff's allegations and maintained that plaintiff's probation and termination were based on plaintiff's deficient work performance.

Settlement Discussions

On Dec. 22, 2005, defendant made a C.C.P. Section 998 offer of $5,000. On March 6, 2007, defendant made a second offer of $25,000. The plaintiff's final settlement demand was $850,000.

Damages

The plaintiff sought past and future wage loss, punitive damages and attorney fees.

Injuries

The plaintiff claimed emotional distress.

Result

The trial court granted defendant's motion for a directed verdict as to plaintiff's claim for punitive damages. The jury found for the defendant on plaintiff's remaining claims.

Other Information

The plaintiff dismissed her hostile work environment claim on the eve of trial. The defendant prevailed on its motion in limine to exclude plaintiff's expert, Beth De Lima.

Deliberation

five hours

Poll

10-2

Length

eight days


#117299

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390