Sarah Coogle v. California Department of Corrections & Rehabilitation, a Division of the State of California; and Does 1 through 100
Published: Nov. 22, 2019 | Result Date: Aug. 22, 2019 | Filing Date: Apr. 6, 2018 |Case number: BCV-18-100866 Settlement – $1,700,000
Court
Kern County Superior Court
Attorneys
Plaintiff
Arnold P. Peter
(Peter Law Group)
Defendant
Catherine E. Flores
(Office of the Attorney General)
Facts
Sarah Coogle filed suit against the California Department of Corrections and Rehabilitation in relation to her request for alternate work in a less strenuous position due to pregnancy and the loss of her child after she fell while intervening in an inmate fight in the course of her duties as a corrections officer at the California Correctional Institution in Tehachapi.
Contentions
PLAINTIFF'S CONTENTIONS: Coogle alleged that she asked to be assigned alternate work in a less strenuous position due to her pregnancy, and all of the alternate positions available to her would have presented a loss of pay, status, or both. Coogle contended that she asked her union representative for assistance in finding alternate work, but was told that pregnancy was viewed as a planned illness by prison officials. Coogle claimed she elected to remain in her position as a corrections officer because she could not afford to go on leave or lose benefits. Coogle contended that when she was seven months pregnant, she fell while intervening in an inmate fight, causing her to suffer a placental rupture and lose her child days before she was scheduled to give birth. Coogle asserted that CDCR failed to accommodate her and engaged in disability discrimination in violation of the Fair Employment and Housing Act.
DEFENDANT'S CONTENTIONS: CDCR alleged Coogle was presented with ample options before she elected to remain in her position as a corrections officer.
Defendant contended that Coogle did not request accommodation from Defendant and if she had, she would have been presented with ample options pursuant to the Department's reasonable accommodation policy. Additionally, Defendant contended that Coogle's fall did not cause the placental abruption which occurred over two months later. Defendant retained two independent medical experts specializing in obstetrics/gynecology and maternal fetal medicine, who both opined that the July 2017 fall was not related to the September 2017 placental abruption.
Damages
Coogle sought emotional distress damages.
Injuries
Coogle was diagnosed with a placental rupture, and her child died despite being placed on life support.
Result
The California Department of Corrections and Rehabilitation agreed to pay $1.7 million to resolve Coogle's lawsuit and her workers' compensation claim. Specifically, CDCR agreed to pay $1.42 million to resolve her lawsuit and $280,000 to resolve her workers' compensation claim. Coogle agreed to resign from her employment with CDCR but retained her right to apply for a service related disability retirement.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390