Facts

Plaintiff Carlos Mocinos was a grinder, cutter and assembly worker at defendant Murray's Iron Works. The plaintiff alleged that his supervisor, Bautista Perez slapped him in the head two to three times per week, causing him pain and suffering. He further alleged that his employer, Murray's Iron Works, ratified the conduct and created an unsafe working environment in violation of Labor Code section 6310. The plaintiff claimed he was terminated in violation of California Labor Code section 1102.5, when he complained of an unsafe working environment pursuant to Labor Code section 6310, and because he complained that the company was hiring illegal workers. All causes of action except for plaintiff's assault and battery claims were dismissed on summary judgment.

DEFENDANT'S CONTENTIONS:
Perez contended that, in jest, Perez only lightly tapped the plaintiff on the head once in the year 2000, that he was reprimanded for the conduct, and never touched him again. Although plaintiff claimed he was slapped two to three times a week, he was able to describe only three incidents, including the incident in 2000, which was barred by the statute of limitations.

Settlement Discussions

The plaintiff demanded $6,500 to settle the assault and battery claims only, with a stipulation to allow the California Labor Code sections 1102.5 and 6310, and wrongful termination claims to proceed to appeal. The latter claims were dismissed on summary judgment. At trial, the plaintiff demanded $45,000 to settle all claims. The defendants offered to settle the entire action, with no right of appeal for $5,000.

Result

The plaintiff awarded $65,000 against Perez, including a finding of malice against Perez. No punitive damages were awarded, however. Murray Iron Works was found not liable by the jury.

Other Information

The plaintiff is appealing the Labor Code sections 1102.5 and 6310 claims, as well as the wrongful termination claim dismissed on summary judgment. Perez will move for a new trial on the issue of damages. FILING DATE: Oct. 5, 2004.

Deliberation

one day

Length

five days