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Employment Law
Wrongful Termination
Constructive Discharge

Julie Chadwick v. Danny Robbins, Original Hollywood Diner, Inc., et al.

Published: Aug. 27, 1994 | Result Date: Aug. 10, 1994 | Filing Date: Jan. 1, 1900 |

Case number: BC053767 –  $200,294

Judge

Sherman W. Smith

Court

L.A. Superior Central


Attorneys

Plaintiff

Mark D. Baute
(Baute, Crochetiere, Hartley & Velkei LLP)

Jinna Kim


Defendant

Melissa Bear


Experts

Plaintiff

Scott Lee
(technical)

Defendant

Stanley Block
(technical)

Facts

Plaintiff Julie Chadwick formerly worked as a waitress at Danny's Hollywood Diner located at the corner of Sunset and LaBrea. On April 22 or 23, 1991, she sustained a wrist injury when she was 38 years of age.

Settlement Discussions

Plaintiff contends her demand was $50,000 and Defendant offered $5,000. Defendant contends that Plaintiff's demand was $300,000. The complaint sought $200,000.

Specials in Evidence

$8,000 (per Plaintiff) $3,500 (per Defendant) $115,294 unknown $50-100 monthly for life

Injuries

Sprained wrist requiring a brace and physical therapy.

Result

The jury found that there was no Workers' compensation coverage at the time of the injury; and therefore Plaintiff was constructively discharged.

Deliberation

1.5 days

Poll

9-3 punitive damages, 12-0 liability

Length

6 days


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