Facts

Plaintiff Gene Venegar was a LVN (licensed vocational nurse) working in the Behavioral Health Unit of Community Hospital of San Bernardino beginning in 2002. Job duties included the supervision of mental health patients in the unit's open-air smoking patios during designated smoking breaks for the patients. In September 2014, plaintiff requested and received the accommodation to be away from the smoking patios, unless there was a case of emergency affecting the safety of the patients or staff. The accommodation was granted based on plaintiff's physician's certification that his asthma condition and resulting bronchospasms were exacerbated by the exposure to second-hand smoke.

Plaintiff resigned from his job and took early retirement in November 2018, contending his health prevented him from continuing to work. He was 66.5 years old at the time of his resignation and retirement.

Plaintiff's sole remaining claim at trial was the failure to accommodate a disability. Other FEHA claims, including the punitive damages claim, were summarily adjudicated and dismissed by the court.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed his supervisors and the hospital administrators never complied with the accommodation between September 2014 and January 2017, when Behavioral Health Unit patients were no longer allowed to smoke. Plaintiff contended that due to the failure to accommodate between September 2014 and January 2017 he was subjected to be exposed to second-hand smoke, which caused a complete blockage in his left ascending coronary artery, a "near" heart attack, and an emergency procedure to place a stent in his coronary artery in February 2018.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff was accommodated, and that his alleged "near" heart attack was not due to intermittent or occasional second-hand smoke exposure, but was due to his uncontrolled hypertension, hyperlipidemia and pre-diabetes, and his anxiety and depression were preexisting conditions from family and financial stressors.

Settlement Discussions

Defendant issued a CCP section 998 offer in the amount of $25,000.

Specials in Evidence

$357,093

Damages

Plaintiff asked the jury to award $357,093 for past lost wages and $3,002,000 for past and future noneconomic damages.

Injuries

Plaintiff suffered coronary artery blockage, "near" heart attack, anxiety and depression

Result

Defense verdict

Deliberation

3.5 hours over 2 days

Poll

9-3 (failure to accommodate), 10-2 (failure to accommodate was not a substantial factor in causing harm and damages)

Length

12 days