Michael T. Klaric v. Vanadium-Pacific Steel Co., Richard P. Stemmler
Published: Oct. 26, 1996 | Result Date: Sep. 20, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC106432 – $410,000
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Richard A. Love
(Love LLP)
Defendant
Experts
Plaintiff
C. Dale Gosaynie
(medical)
Defendant
Wifredo M. Tupas
(medical)
Facts
In 1987, plaintiff Michael T. Klaric, a 55-year-old sales manager, underwent triple bypass surgery due to arteriosclerosis. In October 1992, the plaintiff was hired by defendant Vasco-Pacific, a steel company, as its general sales manager with a salary of $60,000 per year. Vasco-Pacific is a wholly-owned division of defendant Vanadium-Pacific Steel Company ("Vanadium-Pacific"). Defendant R.P. Stemmler is the founder, president, CEO and majority stockholder of Vanadium-Pacific. From the time he began to work, the plaintiff claimed he consistently increased overall sales and profits, served existing customers well, solicited new customers, and doubled the volume of sales. The defendants required the plaintiff to undergo a physical examination in February 1993, for which the plaintiff produced his prior medical records for the defendants' examining physician. A March 1, 1993 doctor's report noted the plaintiff's pre-existing heart condition and prior surgery, but stated that the plaintiff was in good health and that the condition did not restrict the plaintiff's physical activities, nor interfere in any way with his ability to perform his work duties. On June 14, 1993, the defendants fired the plaintiff, claiming that the termination was "for the good of the company." The plaintiff brought this action against the defendants based on wrongful termination, physical disability discrimination and harassment theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand of $250,000 before closing argument. The defendant made a settlement offer of $25,000 on the first day of trial at the suggestion of the court.
Specials in Evidence
$___________ $190,000 $240,000 (per plaintiff) or $600,000 (per defendant $60,000 per year for 10 years) $___________
Damages
Per the defendant, the plaintiff claimed $790,000 in economic damages and $100,000 in non-economic damages.
Injuries
The plaintiff alleged he suffered depression and a severe angina attack, requiring quintuple bypass surgery and leaving him permanently disabled.
Other Information
The verdict was reached approximately two years and four months after the case was filed. The case had previously been tried in January 1996 and resulted in a hung jury (6-6) on the discrimination (physical disability) claim. This issue will be retried before Judge Sherman Smith with no jury.
Deliberation
2-4 days
Poll
12-0 (wrongful termination in violation of public policy)
Length
5 days
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