Vincent Romandia v. The Valspar Corporation, Jeremy Pond
Published: May 15, 2010 | Result Date: Oct. 1, 2009 | Filing Date: Jan. 1, 1900 |Case number: 07AS04926 Bench Decision – Motion for New Trial Granted
Court
Sacramento Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Vincent Romandia was employed as a supervisor by Engineered Polymer Solutions Inc., dba Valspar Coatings. Romandia filed suit against the Valspar Corporation and the plant's manager, Jeremy Pond, alleging race and age discrimination and retaliation for reporting the discrimination.
Contentions
PLAINTIFF'S CONTENTIONS:
Romandia claimed that Pond discriminated against Hispanics and those older than 40, making false comments about Romandia, stating he had a "drinking problem," and that he was terminated for "conduct unbecoming of a supervisor." Romandia contended that he was engaged in an altercation with a subordinate, but had only pushed the employee away.
DEFENDANTS' CONTENTIONS:
Valspa denied any discrimination or retaliation, also denying it defamed Romandia. Valspar contended that Romandia was terminated after he went to a bar with several subordinates and, having become intoxicated, punched one of the subordinates in the parking lot after a heated discussion. The company contended that Romandia was then terminated for conduct unbecoming of a supervisor.
Damages
Romandia sought $952,000 in past and future lost wages and earning capacity, as well as $100,000 in lost benefits. He also sought damages for emotional distress of $250,000.
Injuries
Romandia claimed he suffered emotional distress.
Result
The jury awarded Romandia $1,098,986 in compensatory damages and $1,500,000 in punitive damages, on his age discrimination and defamation claims, which included $2,538,986 from Valspar and $60,000 from Pond. The jury found in favor of Valspar on the race discrimination claim. However, the court granted Valspar's motion for judgment notwithstanding the verdict in part, with regard to the punitive damage component. In addition, the court granted Valspar's motion for a new trial on all grounds.
Other Information
FILING DATE: Oct. 30, 2007.
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