M. Joyce Bakersmith v. J.C. Penney Company, Inc.
Published: Aug. 17, 1996 | Result Date: Jun. 3, 1996 | Filing Date: Jan. 1, 1900 |Case number: DUM0001416 – $240,000
Judge
Court
Orange Superior
Attorneys
Plaintiff
David C. Holt
(Holt Law Firm)
Defendant
Experts
Plaintiff
Joan Dahl
(technical)
Michael G. Phillip
(technical)
Facts
The plaintiff, M. Joyce Bakersmith, a 45-year-old operations and personnel manager, was employed by defendant J.C. Penney Company, Inc. at its Pasadena location. The plaintiff had been employed by the defendant for 28 years. During her career, the plaintiff received numerous and steady promotions. On March 26, 1991, the plaintiff claimed that she was told her job had been eliminated and that she was no longer deemed promotable. As a result, the plaintiff was selected as a candidate for a reduction in force effecting store level management. She was then given the choice to either leave the company with a severance/out-placement package or accept a demotion to a position she had held 17 years earlier (with no reasonable expectation of future promotions). The plaintiff elected to take the severance/out-placement package. The plaintiff brought this action against the defendants, J.C. Penney Company, Inc. and four individual management employees, based on age discrimination, sex discrimination and intentional infliction of emotional distress theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $475,000 at the mandatory settlement conference (per the defendant). The defendants made a C.C.P. º998 offer of compromise for $25,000.
Damages
The plaintiff claimed $190,000 (per the plaintiff) or between $212,391 and $503,991 in economic damages, plus an unspecified sum for emotional distress (per the defendants).
Injuries
The plaintiff alleged that she sustained emotional distress as a result of the defendants' conduct.
Other Information
The verdict was reached approximately four years and 10 months after the case was filed.
Deliberation
1+ days
Poll
9-3 (age discrimination); 3-9 (sex discrimination); 10-2 (intentional infliction of emotional distress)
Length
14 days
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