Fetter v. Baron Homes, Inc.
Published: Oct. 11, 1997 | Result Date: Jul. 3, 1997 | Filing Date: Jan. 1, 1900 |Case number: RCV12467 – $135,000
Judge
Court
San Bernardino Superior
Attorneys
Plaintiff
Michael A. Gould
(The Gould Law Firm)
Defendant
Facts
On Feb. 4, 1994, plaintiff Oswald Fetter, a 60-year-old production manager for defendant Baron Homes, a manufacturer of mobile homes, was asked to assemble a crew to work the following Saturday in order to remedy a drywall problem in two mobile homes. Plaintiff was also asked to personally supervise the repair. Although plaintiff was able to round up a small crew to come to work on that Saturday, the repair was not completed that day and plaintiff did not personally appear to supervise the work as requested. On Feb. 7, 1994, plaintiff was terminated upon returning to work. Although plaintiff was suffering from Benign Essential Tremor (BET), an affliction that caused his arms and head to shake involuntarily, in the 12 years he had worked for defendant, plaintiff had missed less than 5 days of work and had experienced no prior disciplinary actions or work performance problems. The plaintiff brought this action against the defendant based on breach of an implied-in-fact employment contract not to terminate without good cause and wrongful termination on account of his medical condition.
Settlement Discussions
The plaintiff made no formal demand prior to trial. Before trial, the defendant offered $10,000 with indication of willingness to go to $25,000.
Specials in Evidence
$135,000
Damages
The plaintiff claimed he suffered past and future loss of earnings.
Other Information
The verdict was reached approximately two years and eight months after the case was filed. An arbitration was held on Nov. 11, 1996 resulting in a $35,000 award to plaintiff. The defendant requested a trial de novo. Per the plaintiff, defendant's motions for new trial and for judgment notwithstanding the verdict were denied on Sept. 8, 1997.
Deliberation
1+ hours
Poll
10-2 (liability), 9-3 (damages)
Length
four days
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