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Employment Law
Age Discrimination
Infliction of Emotional Distress

Mary Lou Doerr v. J.C. Penney Company, Inc., et al.

Published: Jan. 20, 1996 | Result Date: Dec. 15, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 664907 –  $0

Judge

John H. Smith Jr.

Court

Orange Superior


Attorneys

Plaintiff

Susan Westover

James A. Murphy
(Murphy, Pearson, Bradley & Feeney)


Defendant

Scott J. Wenner

Nicholas A. O'Kelly


Experts

Plaintiff

Joan Dahl
(technical)

James Press
(technical)

Defendant

Jay S. Finkelman
(technical)

Richard Singleton
(technical)

Facts

In March, 1991, the plaintiff, Mary Lou Doerr, a 50-year old general merchandise/personnel manager, was employed by defendant, J.C. Penney, Inc., at its West Covina location. The plaintiff had been employed by J.C. Penney for 21 years. On March 26, 1991, the plaintiff was offered a one step demotion as part of a reduction in force affecting store management and management associates. The plaintiff declined the position offered and elected to accept a severance and out placement package. The plaintiff brought this action based on breach of employment contract (against J.C. Penney Co.) breach of the covenant of good faith and fair dealing (against J.C. Penney Co.) age discrimination (against all defendants) sex discrimination in violation of the California Constitution (against all defendants) wrongful termination in violation of public policy (against all defendants) and intentional infliction of emotional distress (against all defendants) causes of action. After the defendants' motion for summary adjudication was granted, the plaintiff's third amended complaint contained age discrimination in violation of Government Code º 12940 (against J.C. Penney Co.), sex discrimination in violation of California constitution (against J.C. Penney Co.) and intentional infliction of emotional distress (against all defendants) causes of action.

Settlement Discussions

The plaintiff demanded $600,000 plus attorney's fees. The defendant offered $64,307.

Specials in Evidence

$550,000

Damages

$500,000 (pain and suffering) and $8,000,000 (punitive damages).

Other Information

The verdict was reached approximately four years and four and a half months after the case was filed.

Deliberation

3 hours

Poll

11-1, 12-0, 12-0

Length

16 days


#78618

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