McClung v. Stewart
Published: Sep. 4, 1993 | Result Date: Aug. 3, 1993 | Filing Date: Jan. 1, 1900 |Case number: SM077003 – $88,434
Judge
Court
Santa Barbara Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Don Lofton
(technical)
Mike Courtwright
(technical)
Facts
Plaintiff McClung, a 58-year-old dairy products sales manager, became ill with valley fever on January 7, 1992 and was informed on February 15, 1992, that his employment would end March 31, 1993, based on a claim of the employer Robert Stewart, Inc., that Plaintiff was unable to work. In the four years prior to his termination, Plaintiff's base incentive clause (based on gross sales), was raised by the employer on two separate occasions. Plaintiff obtained work with a competitor four months after he was fired.
Settlement Discussions
Plaintiff contends they demanded $70,000 and Defendant offered $5,000 prior to trial.
Specials in Evidence
$128,000
Damages
Four months of lost earnings, reduction of income for 16 months remaining on the contract, and from base incentive clause increase.
Deliberation
6 hours
Poll
10-2 and 9-3
Length
4 days
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