Josefina Barcelona v. Hospital of the Good Samaritan
Published: Aug. 17, 1996 | Result Date: Jun. 12, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC111336 – $0
Judge
Court
L.A. Superior Central West
Attorneys
Plaintiff
Defendant
Linda Miller Savitt
(Ballard, Rosenberg, Golper & Savitt LLP)
Experts
Plaintiff
David P. Barker
(technical)
Facts
On Jan. 6, 1994, plaintiff Josefina Barcelona, a 56-year-old respiratory therapist, was laid off by the defendant, Hospital of the Good Samaritan, when her job classification was eliminated following a reorganization of the respiratory therapy department. The plaintiff contended that the defendant hospital breached its policy on lay-off because she had 23 years of seniority with the hospital. The hospital contended the plaintiff was an at will employee, but that she was terminated for good cause because she did not have the national certification for respiratory therapy and her job classification was eliminated . All remaining respiratory therapists were required to be nationally certified. The plaintiff brought this action against the defendant based on a breach of contract theory of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $195,000. The defendant made no settlement offer.
Specials in Evidence
$102,900 $266,900
Damages
The plaintiff claimed $304,600 in damages.
Other Information
The verdict was reached approximately one year and 10 months after the case was filed.
Deliberation
3 hours
Poll
11-1
Length
3 days
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