This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Employment Law
Disability Discrimination
Wrongful Termination

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

Dolly M. Gee

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


#142025

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390