Lowry McCray v. WestRock Services LLC, and Does 1 through 30, inclusive
Published: Nov. 3, 2023 | Result Date: Aug. 24, 2023 | Filing Date: Dec. 22, 2021 |Case number: 2:21-cv-09853-DMG-RAO Verdict – $9,461,000
Judge
Court
CD CA
Attorneys
Plaintiff
Shadie L. Berenji
(Berenji Law Firm APC)
Kristopher N. Tayyeb
(Berenji Law Firm APC)
J. Bernard Alexander III
(Alexander Morrison + Fehr LLP)
Defendant
Talia L. Delanoy
(Gordon & Rees LLP)
Stephen E. Ronk
(Gordon & Rees LLP)
Kuuku Minnah-Donkoh
(Gordon & Rees LLP)
Facts
Plaintiff Lowry McCray alleged that after he devoted nearly 27 exemplary years of work to WestRock Services, LLC and its predecessors, he was wrongfully terminated during his medical leave of absence and after he submitted a return-to-work medical note that requested an accommodation for his mental disability that was caused by his perception of being subjected to adverse treatment in the workplace which the employer refused to address. While Plaintiff was on leave, his position was eliminated. When Plaintiff returned from protected leave, he was terminated rather than being placed in one of the 60+ open positions for which he was well qualified, which existed on the date of his termination.
Contentions
DEFENDANT'S CONTENTIONS: Defendant took the position that once Plaintiff's position was eliminated, the employer had no duty to engage in the interactive process or to return Plaintiff to a comparable position.
Result
Jury verdict for Plaintiff Lowry McCray in the amount of $9,461,000 (including $4,010,000 in general damages and $5,450,000 in punitive damages)
Deliberation
seven hours
Poll
unanimous
Length
seven days
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