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
Breach of Contract
Age Discrimination

John F. Stiffler v. Ogden Ground Services, Inc., et al.

Published: Mar. 20, 1999 | Result Date: Feb. 19, 1999 | Filing Date: Jan. 1, 1900 |

Case number: BC182499 Verdict –  $368,785

Judge

S. James Otero

Court

L.A. Superior Central


Attorneys

Plaintiff

Iris Weinmann

Paul A. Greenberg


Defendant

Frank M. Liberatore

Joshua A. Sable


Experts

Plaintiff

Frank Jay
(technical)

David T. Barker
(technical)

Facts

Defendant Ogden Ground provides ground services at various airports worldwide, including Los Angeles International Airport (LAX). Plaintiff John Stiffler was recruited by Ogden in November 1991. At the time, the plaintiff resided in Texas and owned his own consulting firm. The plaintiff alleged that various promises were made to the plaintiff to induced him to remove to California and accept employment with Ogden, including the promise of job security and the promise of substantial severance in the unlikely event of his termination. The plaintiff accepted the offer of employment, relocated to California and began working at Ogden as general manager of its Los Angeles operations. In 1996, the plaintiff's duties were modified, and another individual was named as general manager of the LAX operations. In November 1996, Dateline NBC broadcast an "expose" on national television that the Ogden operations in Newark, N.J. and Atlanta, Ga. had been hiring new employees and letting them start work before completing the required employee background checks. As a result of this news broadcast, the FAA began a company-wide audit of Ogden's employee files, including in Los Angeles. The audit at Los Angeles revealed that many of the files did not comply with then existing FAA regulations. However, a massive effort led by the plaintiff brought the files to compliance by the end of November 1996, and 100% of the employee files presented to the FAA were approved. No fines or penalties were imposed on Ogden's Los Angeles operations as a result of the FAA audit, and there were no other negative repercussions. Despite the fact that the plaintiff was not the general manager of the LAX operation at the time of the FAA audit, and despite the fact that 100% of the employee files were approved as meeting, FAA specifications and that no fines or penalties were imposed on Ogden's LAX operations, plaintiff was terminated by his superior in December 1996. The reason given for the termination was despicable conduct related to the employees files. The plaintiff was denied any severance upon his termination. The plaintiff brought this action against the defendant based on breach of implied contract, breach of implied covenant of good faith and fair dealing, fraud, Labor Code º970, age discrimination and wrongful termination.

Settlement Discussions

The plaintiff made a C.C.P. º998 offer of $199,999. The defendants offered $30,000.

Specials in Evidence

$171,600 $289,000

Other Information

The verdict was reached approximately one year and three months after the case was filed. The court granted defendants' motion for summary adjudication as to plaintiff's causes of action for negligent misrepresentation, defamation and violation of Labor Code º1050. The court further eliminated the plaintiff's claim for wrongful termination in violation of public policy prior to closing arguments.

Deliberation

two days

Length

four weeks


#80322

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

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