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Employment Law
Disability Discrimination
Hostile Work Environment

Charles Evans v. James McKoane Enterprises, James McKoane, Josh Ray

Published: Sep. 17, 2011 | Result Date: May 5, 2011 | Filing Date: Jan. 1, 1900 |

Case number: 09CECG03569 Verdict –  Defense

Court

Fresno Superior


Attorneys

Plaintiff

Dean B. Gordon
(Law Office of Dean B. Gordon)


Defendant

R. Lawrence Bragg
(Office of the Attorney General)


Experts

Plaintiff

Martin Wenthe
(medical)

Bruce J. Witmer
(medical)

Joe Card
(technical)

Facts

In 2002, James McKoane Enterprise, dba Clawson Motorsports, hired Charles Evans as a motorcycle mechanic. Evans had a disability which caused him to limp. In Oct. 2007, he quit his job, and sued his employer James McKoane individually, and Josh Ray, his former supervisor, alleging disability discrimination, workplace harassment, and failure to accommodate.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that he was forced to quit due to harassment he suffered regarding his disability, and that defendant failed to supply him with a parking spot, amounting to a failure to accommodate. He claimed that he was called derogatory names and mimicked, by his supervisor and others.

DEFENDANT'S CONTENTIONS:
Defendants argued that the harassment never occurred, and that plaintiff did not report the alleged harassment. Further, defendants argued that plaintiff was allowed to park on-site or use a shuttle.

Settlement Discussions

Plaintiff demanded $139,000 and defendant offered $40,000.

Damages

Plaintiff requested $17,000 in past lost earnings, and $50,000 in emotional distress damages.

Injuries

Plaintiff suffered emotional distress.

Result

The jury found in favor of the defense.

Other Information

Zurich North America insured defendants.

Deliberation

two hours

Poll

12-0

Length

12 days


#118011

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