Vitrano v. Advanta Mortgage Corp.
Published: Feb. 14, 1998 | Result Date: Jan. 6, 1998 | Filing Date: Jan. 1, 1900 |Case number: 706008 Verdict – $543,817
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Tore Tjersland
(technical)
Facts
In November 1996, Plaintiff Barbara Vitrano was a 39-year-old manager of defendant Advanta Mortgage Corp. USA where she had worked for eight years. Other than a pregnancy and medical leaves, Vitrano had a perfect attendance, was promoted three times, earned $21,000 when hired and $50,000 when she resigned. From October 1995 through August 1996, Vitrano had three major surgeries: cysts were cut from the ovaries (October 1995), a hysterectomy (January 1996) and scar tissue removal (August 1996). Because of these surgeries and continuing pain, Vitrano claimed she had problems walking, sitting and working. Diane Klimek was a peer and friend of Vitrano's. In September 1995, Bill Garland, Advanta's San Diego President, promoted Klimek to a VP position, and Klimek became Vitrano's boss. Klimek thought her promotion was permanent, but was allegedly told the move was "temporary." In late May, Garland hired Ted Rosenberg as the new VP over Klimek to start in late June. Plaintiff claimed that on June 5, Klimek began to keep a "secret" log on Vitrano. She alleged Klimek sent her between 30 to 60 E-mails a day and that Klimek refused Vitrano's requests for reasonable accommodation (flex hours, less pressure, 40-hour weeks) although Klimek had readily given these accommodations earlier. On the eve of Vitrano's third surgery scheduled for August 8, 1996, Klimek gave Vitrano a written warning with a threat of termination which plaintiff claimed was in violation of Advanta's progressive discipline policy. Over the next five months, plaintiff alleged Klimek "wrote Vitrano up" on August 29 (Vitrano's first day back from the August 8 surgery leave) on Sept. 9 and 11. Plaintiff claimed Rosenberg, the new VP, sent Vitrano a "threatening" memo on Oct. 2. The defendant claimed the memo informed Vitrano she would be held to the performance standards set forth in the warnings. Defendant further claimed Klimek modified each warning, softening disciplinary language to remove any threat of termination. Vitrano claimed she was the only employee being written up. A 1996 audit found Vitrano's department the best run in the company. On Oct. 24, Vitrano claimed she went to see Garland for help. Garland suggested Vitrano take more medical leave which Vitrano did. On Nov. 8, Vitrano received a letter from Advanta's human resources manager explaining Vitrano was out of family medical leave as of Nov. 6, Vitrano's job was no longer being protected. On Nov. 11, Vitrano resigned. Defendant claimed Vitrano resigned without making any inquiry with Advanta as to her status. At the time, Vitrano earned $50,000 and had full benefits. Her husband earned $25,000 to $30,000 and had no benefits. The Vitranos have five children and Vitrano faced more medical expenses. Vitrano sued for constructive termination in violation of public policy, physical disability discrimination and breach of an implied contract. Defendant reported Vitrano's claim for violation of the State Family Rights Act was dismissed on summary adjudication.
Settlement Discussions
The defendant made a C.C.P. º998 offer of compromise for $35,000.
Damages
The plaintiff claimed $543,817 in damages.
Other Information
The verdict was reached approximately one year and two months after the case was filed. POST-TRIAL MOTIONS: Judge Bollman will award reasonable attorney fees on February 6, 1998. Before the punitive damage stage, Judge Bollman instructed the jury, over Vitrano's objection, that he would award reasonable fees and costs to Vitrano. Vitrano requested a fee award of $128,000 to $256,000 depending on a multiplier. Defendant reported post-trial motions will be filed.
Deliberation
5½ hours
Poll
various
Length
four days
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