Charles Servin v. Healthcare Security Services
Published: Mar. 8, 1997 | Result Date: Sep. 3, 1996 | Filing Date: Jan. 1, 1900 |Case number: BC130131 – $112,750
Judge
Court
L.A. Superior Central
Attorneys
Plaintiff
Alvin L. Pittman
(Law Office of Alvin L. Pittman)
Defendant
Francisco J Nicholas
(Carlson & Nicholas LLP)
Facts
In January 1994, plaintiff Charles Servin, a security officer, was allegedly suspended/terminated for being unreachable for two hours. The defendant claimed that the facility where the plaintiff was working was on special alert because of post-earthquake conditions. The defendant's managers and the corporate president testified that sleeping on the job while responsible for command center operations was a worse infraction than being unreachable for two hours, which was the cause of the plaintiff's termination. The plaintiff claimed that months before his suspension/termination, he caught an African-American (who was the control center operator) sleeping on the job and recommended termination in writing. The employee admitted sleeping on the job, but the plaintiff claimed the written termination recommendation was torn up by the security captain and manager. The plaintiff claimed that all supervisors and managers directly involved at the work location, other than the plaintiff, were African-Americans. The plaintiff's written evaluations allegedly revealed he was an excellent employee and the employee of the year before his constructive termination, and that the employee caught sleeping was a recurrent discipline problem. The plaintiff brought this action against the defendants based on race discrimination and constructive discharge theories of recovery.
Settlement Discussions
The plaintiff made a C.C.P. º998 settlement demand for $300,000.
Specials in Evidence
$15,000
Damages
The plaintiff claimed damages in the amount of $500,000.
Injuries
The plaintiff claimed he suffered a loss of income and emotional distress.
Other Information
The verdict was reached approximately one year and three months after the case was filed.
Deliberation
1+ hours (per the plaintiff); 1 day (per the defendant)
Poll
9-3
Length
5 days
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