Mikhail Abdelmisseh v. American General Life and Accident Insurance Company
Published: Apr. 3, 1999 | Result Date: Dec. 10, 1998 | Filing Date: Jan. 1, 1900 |Case number: CVF975609 Verdict – $1,125,000
Judge
Court
USDC Eastern
Attorneys
Plaintiff
Thornton L. Davidson
(Thornton Davidson PC)
Defendant
Mark D. Campbell
(Shook, Hardy & Bacon LLP)
John L. Viola
(Thompson Coburn LLP)
Facts
Plaintiff Mikhail Abdelmisseh, a native of Egypt, was employed at defendant American General Life Insurance Company's Fresno office from March 1992 to June 1995, when he went out on disability leave. The plaintiff claimed he was a victim of racial discrimination and harassment in that his manager made derogatory, racially offensive remarks, created impediments to his sale and maintenance of policies, created a hostile working environment and threatened him with a hand gun. The plaintiff contended his manager was in violation of Government Code º12900 et seq. FEHA in that his manager discriminated against and harassed him. The defendant contended that the manager did not discriminate or harass plaintiff, that any remarks she may have made were "stray" and that its investigation was thorough and proper. The defendant also contended that plaintiff fabricated his allegations to avoid working and to make a "easy money."
Settlement Discussions
The plaintiff made a settlement demand of $450,000 per the plaintiff, $675,000 per the defendant. The defendant made an offer of $175,000.
Specials in Evidence
in excess of $50,000 (were covered by insurance and not at issue in the trial)
Damages
The plaintiff claimed wage loss of $100,000. The plaintiff claimed pain and suffering at the time of trial of $500,000 and punitive damages of $2.5 million.
Other Information
Per the defendant, the case settled for a confidential sum when after the court indicated, in response to defendant's post-trial motion, and it could either vacate punitive damage award entirely or reduce it to $300,000.
Deliberation
two days
Length
one week
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