Facts

Plaintiff John Quemada was recruited and hired by Cordoba Corp., a construction management and services firm, in April 2007 as an Assistant Construction Manager. By 2008, plaintiff was working for Cordoba's Long Beach Community College Bond Management Team, which is responsible for administering and overseeing the Long Beach Community College Modernization Program. Plaintiff filed a lawsuit against Cordoba stemming from a work-related injury he sustained in 2013

PLAINTIFF'S CONTENTIONS: Plaintiff contended that from his date of hire until early 2013, plaintiff received nothing but positive performance reviews as well as annual merit-based pay raises, which were only afforded to Cordoba's highest performing employees. By 2013, plaintiff was earning just under $92,000 annually. Cordoba alleged disability discrimination, which ensued after his injury in 2013.

Plaintiff claimed that on or about March 1, 2013, plaintiff was falsely accused of chronic poor performance and abruptly demoted to an entry-level position so that a new 30-year-old employee who was willing to take less pay could be promoted into his job. Plaintiff claimed that he was then required to clean a construction site, which took several weeks to accomplish. Further, he contended that this was not only a violation of Cordoba's own policy, which prohibited employees from engaging in manual labor, it was also a violation of the terms of Cordoba's contract with the Long Beach Community College District.

Consequently, plaintiff suffered a serious work-related injury to his back, which he claimed resulted in disabilities that required reasonable accommodations so that he could continue doing his job. This was the first workers' compensation claim brought against Cordoba in its long history. Plaintiff further contended that although Cordoba admitted that it could have easily accommodated plaintiff's disabilities without any problem, it neither engaged him in the interactive process, nor did it ever offer him any accommodations other than a leave of absence. Additionally, plaintiff contended that Cordoba's failure to accommodate aggravated plaintiff disabilities, necessitating multiple leaves of absence.

During his last absence, Cordoba's HR Director, Ana Artiga, sent plaintiff an email telling him that he would not be allowed back to work unless he was able to perform 100 percent of his job duties. As a result, plaintiff's doctors extended his leave of absence, noting the lack of accommodations as the reason. Approximately one year after his initial injury, an impartial workers' compensation doctor selected by Cordoba determined that plaintiff had suffered a 24 percent permanent disability, dictating permanent work restrictions that primarily impacted his ability to sit for prolonged periods of time. Cordoba admitted that it could have accommodated plaintiff's permanent restrictions without any issues whatsoever.

laintiff argued that the claims notes from Cordoba's workers' compensation carrier revealed that Artiga had reported that plaintiff had suffered an injury after being asked to clean a construction site. The notes also showed that Cordoba accepted responsibility for plaintiff's injuries and never challenged the validity of how he got hurt. However, plaintiff contended he was never engaged in the interactive process and no accommodations were ever offered to him. He contended that instead, Artiga left plaintiff a voice message informing him that no accommodations were available and that he was not going to be allowed back to work because of his disabilities. Plaintiff claimed he attempted to call Artiga back, but she never returned his messages.

DEFENDANT'S CONTENTIONS: Cordoba contended that plaintiff was not hurt on the job, suggesting that his workers' compensation claim had been a fraud. Artiga testified that Cordoba had engaged plaintiff in the interactive process and that it had accommodated his disabilities. Defendant claimed plaintiff chose not to return to work. Artiga claimed that she had learned of plaintiff's alleged decision not to return to Cordoba from the workers' compensation claims adjuster.

Settlement Discussions

Over two years prior to trial, plaintiff served Cordoba with an offer to compromise pursuant to CCP 998 for its maximum insurance policy limit of $1 million. Cordoba counter served a CCP 998 offer for the sum of $332,281, which it increased a year later to $750,000.

Specials in Evidence

Loe: $184,686

Result

The jury rendered a plaintiff's verdict for $2.7 million, which comprised of $1.2 million in compensatory damages and $1.5 million in punitive damages.

Deliberation

four days, inclusive of one day for punitive damages

Poll

9-2

Length

six weeks