Fathy Abdelrahim v. Guardsmark, LLC, Scott Carpenter, Marriott International, William Worcester
Published: Apr. 26, 2008 | Result Date: Feb. 15, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC359607 Verdict – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
Suzanne E. Rand-Lewis
(Gary Rand & Suzanne E. Rand-Lewis PLC)
Defendant
Laura S. Flynn
(Freeman, Mathis & Gary LLP)
Experts
Plaintiff
Sookyung Chang
(medical)
Defendant
Mark A. Cohen
(technical)
Lester M. Zackler M.D.
(medical)
Facts
In October 2005, plaintiff Fathy Abdelrahim, a 46-year-old security industry worker, was removed from his position as director of security at the Marriott Hotel in downtown Los Angeles. He sued defendants Guardsmark LLC, his employer; Marriott International, Guardsmark's client; Guardsmark branch manager Scott Carpenter; and Marriott general manager William Worcester, alleging they discriminated against him based on his Egyptian race and Muslim religion. Marriott and Worcester settled before trial.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendants fired him due to discrimination based on his national origin and religion. Plaintiff was on vacation observing Ramadan when he was removed from the position. The defendants also removed plaintiff in retaliation for complaining about a derogatory remark made by his Marriott supervisor. The supervisor asked plaintiff if he knew what his friends had done in London after the July 2006 terrorist bombings.
DEFENDANTS' CONTENTIONS:
The defendants contended the termination was neither discriminatory nor retaliatory. Instead, plaintiff had been removed after continuous complaints from Guardsmark's client, Marriott. The plaintiff was offered other positions he refused to accept.
Damages
The plaintiff sought damages for past and future wage loss, attorney fees, and punitive damages. He was not allowed to introduce future wage loss evidence because no economist could testify as to present cash value.
Injuries
The plaintiff suffered emotional distress, requiring treatment by a psychologist.
Result
The jury returned a defense verdict.
Deliberation
four hours
Poll
12-0 (on six counts); 11-1 (on intentional infliction of emotional distress)
Length
nine days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390