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Employment Law
Constructive Discharge
Retaliation

Jessica Daniel v. Nimrod Medical Group Inc., Kiansi Boni, M.D.

Published: Jul. 3, 2010 | Result Date: Feb. 19, 2010 | Filing Date: Jan. 1, 1900 |

Case number: 56-2009-00345735-CU-OE-VTA Settlement –  $100,000

Court

Ventura Superior


Attorneys

Plaintiff

Nicolas C. Vrataric

Julian Alwill


Defendant

Michael D. Didszun


Facts

Jessica Daniel began working as a caretaker for Kiansi Boni and Nimrod Medical Group on Feb. 6, 2009, and resigned on April 8. She sued Boni and Nimrod for sexual harassment, discrimination, and retaliation under the California Fair Employment and Housing Act, and battery, wrongful termination, wage and hour law violations, and intentional infliction of emotional distress.

Contentions

PLAINTIFF'S CONTENTIONS:
Daniel alleged that during her employment, she was subjected to obscene comments regarding requests for sex and inquiries into her sex life, as well as having to listen to Boni's sexual escapades. Once, Boni grabbed Daniel by the arm and pushed her into a medical machine. Another time, Boni threw Daniel on an exam table and injected her with an unknown substance. Thus, Daniel claimed, she was forced to resign her employment. This conduct, she claimed, was not limited to her, but was applied towards the other female employees as well.

DEFENDANTS' CONTENTIONS:
Boni and Nimrod denied all complaints.

Damages

Daniel claimed damages for past and future lost earnings, benefits, loss of use, injury to reputation, loss of employability, stress, anxiety, humiliation, embarrassment, discomfort, severe emotional distress, and mental anguish. She also claimed punitive damages and exemplary damages, as well as attorney fees.

Result

The parties settled for $100,000.


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