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Employment Law
Wrongful Termination
Disability Discrimination

Larry Whithorn v. City of West Covina

Published: Jul. 28, 2023 | Result Date: May 5, 2023 | Filing Date: Mar. 3, 2020 |

Case number: 20STCV08916 Verdict –  $4,145,595

Judge

Maurice A. Leiter

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Anthony Nguyen
(Shegerian & Associates Inc.)

John M. David
(Shegerian & Associates Inc.)

Anna Olevsky
(Shegerian & Associates Inc.)


Defendant

Thomas O'Connell
(Buchalter)


Facts

Plaintifff Larry Whithorn worked for the City of West Covina for nearly 30 years. He joined the department in 2019 as a firefighter and was promoted to fire chief in 2014. He began experiencing harassment after he spent roughly eight months on medical leave in 2017. He was wrongfully terminated in April of 2019.

During the trial, testimony revealed that the West Covina Firefighters Association, through its then-president Matthew Jackson, allegedly engaged in various tactics to leverage a better union contract for the City's firefighters, which included targeting Whithorn immediately after his medical leave with a vote of no confidence.

Plaintiff brought this lawsuit against the City for disability discrimination, disability retaliation, whistleblower retaliation, and intentional infliction of emotional distress.

Specials in Evidence

Loe: $990,103 Future Loe: $587,643

Damages

$1,980,206. Future Noneconomic: $587,643

Result

Verdict for $4,145,595

Deliberation

eight hours

Poll

unanimous on disability discrimination, unanimous of FEHA retaliation, unanimous on failure to prevent, unanimous on whistleblower retaliation, 11-1 on intentional infliction of emotional distress, unanimous on every aspect of compensatory damages question except for future non-economic, which was 11-1.


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