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
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