Joel Ibarra v. Bentley Mills, Inc.
Published: Mar. 1, 1997 | Result Date: Aug. 15, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC133033 – $0
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Defendant
Richard S. Rosenberg
(Ballard, Rosenberg, Golper & Savitt LLP)
Reed E. Schaper
(Hirschfeld Kraemer LLP)
Experts
Plaintiff
Lester M. Zackler M.D.
(medical)
Stephen T. Riley
(technical)
Michael P. Ward
(technical)
Defendant
David N. Glaser
(medical)
Facts
In 1981, plaintiff Joel Ibarra, a then 16-year-boy, was hired by defendant Bentley Mills, Inc. in the samples department of the company. In 1983, the plaintiff was transferred to the shipping department as a forklift driver. In 1993, the plaintiff was promoted to the day-shift supervisor in the department. The defendant claimed that the plaintiff was demoted to a forklift driver position in August 1994 as a result of continuing performance problems. Shortly after that demotion, the defendant claimed that the plaintiff allowed subordinates to drink beer during working hours and/or on company property. The plaintiff received a one week suspension for his participation in that incident. The plaintiff commenced a medical leave in September 1994 and failed to return to work at the end of his leave. The plaintiff brought this action against the defendants based on sexual harassment, retaliation for opposing acts violative of the FEHA, and wrongful demotion in violation of public policy theories of recovery.
Settlement Discussions
The plaintiff made a settlement demand for $250,000 immediately prior to trial. The defendant made no settlement offer.
Specials in Evidence
$498,000
Damages
The plaintiff requested compensatory damages for lost back and future wages and for emotional distress, and punitive damages.
Injuries
The plaintiff alleged emotional distress.
Other Information
The verdict was reached approximately one year and one month after the case was filed.
Deliberation
5+ hours
Poll
9-3
Length
6 days
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