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Employment Law
ADA
Failure to Accommodate

Virginia Hoover v. Dignity Health, St. John's Pleasant Valley Hospital, and St. John's Healthcare Foundation Oxnard and Pleasant Valley

Published: Apr. 26, 2019 | Result Date: Dec. 20, 2018 |

Case number: 56-2016-00481136-CU-OE-VTA Verdict –  $1,099,827

Judge

Matthew P. Guasco

Court

Ventura County Superior Court


Attorneys

Plaintiff

Terry L. Tron
(Tron & Tron)

Lanny M. Tron
(Tron & Tron)


Defendant

Tyree P. Jones
(Reed Smith LLP)

Eniola O. Akinrinade
(Reed Smith LLP)


Facts

Virginia Hoover filed suit against Dignity Health, the operator of St. John's Pleasant Valley Hospital in relation to the termination of her position at St. John's Pleasant Valley Hospital.

Contentions

PLAINTIFF'S CONTENTIONS: Hoover contended that she suffered an injury at work and when she was cleared to return to work with two minor restrictions, defendant did not accommodate her, failed to find her an alternative position and fired her as a result. Hoover contended defendant failed to engage in an interactive process, failed to provide reasonable accommodations, discriminated against her based on her disability, failed to prevent discrimination, and wrongfully terminated her.

DEFENDANT'S CONTENTIONS: Defendant contended that Hoover's disability could not be accommodated and that there was no other position for her.

Result

The jury found in favor of Hoover and awarded her $1,028,268, which included $433,643 in past economic damages, $482,305 in future economic damages, and $112,320 in emotional distress damages.

Other Information

Defendant Dignity Health has filed motions for new trial and judgment notwithstanding the verdict. Dignity Health has also filed a motion to tax Hoover's costs. Hoover has filed a motion for statutory attorney fees (FEHA), seeking between $1,411,087.50 and $1,881,450.00 in fees. Hoover has also filed a motion for statutory expert witness fees and costs, seeking $73,339.08.


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