Facts

In January 1999, two Southwest Airline Co. employees reported to Southwest management that plaintiff Bruce Wallace accepted a cash gratuity from a passenger in exchange for allowing the passenger to check an overweight and oversized bag without paying the required fee. This conduct by plaintiff violated Southwest's rules and led to plaintiff being terminated from his position as a customer service agent with Southwest. On Dec. 15, 1999, Wallace filed a complaint with California Department of Fair Employment and Housing, asserting that his termination was discriminatory and was based on his race, age, disability, gender and sexual orientation. On Jan. 3, 2000, Wallace commenced this lawsuit against Southwest and alleged 19 causes of action based on these same theories along with claims of invasion of privacy, Business and Profession Code Section 17200 and labor code wage related violations. At trial, the only remaining three claims were for disability discrimination and wrongful termination.

WALLACE CONTENTIONS:
On Dec. 15, 1999, the plaintiff filed a complaint with DFEH, and asserted that his termination was based on discrimination and retaliation. On Jan. 3, 2000, the plaintiff filed the present case asserting 19 causes of action against Southwest. These causes of action included claims for interference with future employment, invasion of privacy, labor code violations, violation of Business and Professions Code Section 17200 (California's consumer protection statute), and various types of race, gender, and age discrimination and retaliation. The plaintiff alleged that these actions were committed by Southwest employees stationed at various times at the Burbank station and that they resulted in his wrongful termination. Only plaintiff's three disability discrimination claims remained at trial. SOUTHWEST

On Dec. 15, 1999, the plaintiff filed a complaint with DFEH, and asserted that his termination was based on discrimination and retaliation. On Jan. 3, 2000, the plaintiff filed the present case asserting 19 causes of action against Southwest. These causes of action included claims for interference with future employment, invasion of privacy, labor code violations, violation of Business and Professions Code Section 17200 (California's consumer protection statute), and various types of race, gender, and age discrimination and retaliation. The plaintiff alleged that these actions were committed by Southwest employees stationed at various times at the Burbank station and that they resulted in his wrongful termination. Only plaintiff's three disability discrimination claims remained at trial. SOUTHWEST CONTENTIONS:
In 1991, the plaintiff was hired by Southwest as a ramp agent at Southwest's Burbank Airport station. Within two months of his job training, he was injured in a workers' compensation related injury. When the plaintiff returned to work in August 1994, he assumed the position of a customer service agent at the Burbank Airport. On Dec. 16, 1998, the plaintiff, without being asked, inserted himself between a fellow CSA and a passenger attempting to check an overweight bag. Two CSAs reported to Southwest that plaintiff accepted a cash from the customer for his own personal use to take the bag to have it loaded unto a Southwest plane and that plaintiff failed to request that the customer pay the overweight bag fee required by Southwest's policy. The plaintiff's acceptance of the cash amounted to three violations of Southwest's basic principles. The plaintiff received and signed acknowledgments of these basic principles prior to his misconduct. Thereafter, Southwest conducted an investigation and concluded that the accounts of plaintiff's action including the acceptance of cash were credible. The plaintiff was terminated on Jan. 7, 1999.

Settlement Discussions

The plaintiff's last demand was several hundreds of thousands. The defendant's last offer was C.C.P. Section 998 for $5,000 before trial.

Damages

Southwest established by way of partial nonsuit that any lost wages would cease on the date the plaintiff was declared totally disabled. The plaintiff asked the jury for several hundreds of thousands in general damages and to find malice to allow for a second bifurcated phase to determine punitive damages.

Injuries

Lost wages and pain and suffering.

Deliberation

two days

Poll

9-3 (liability)

Length

six days