Confidential
Settlement – $325,000Judge
Court
Santa Clara Superior
Attorneys
Plaintiff
Christopher Eugene Platten
(Wylie McBride Platten & Renner )
Defendant
Facts
In 1995, Trace Tift suffered an off-duty knee injury while employed by American Airlines Inc. as a fleet service
crew chief. Tift, 48, took an extended sick leave of five years pursuant to AmericanÆs company policy during
which he underwent three surgeries as well as physical therapy. In 1997, American contacted Tift, requesting
additional medical documents in support of his leave of absence. Shortly thereafter, Tift was fired by American.
A dispute arose regarding whether the required documentation had been provided to American. Tift was
reinstated, but terminated yet again in 2000 for failure to provide necessary documents in support of his claim.
After Tift was reinstated yet again, he was told he could return to work in 2001 if he underwent a urine test.
The test results came back positive. Tift claimed that the test violated AmericanÆs policies. A second test had
negative results, but Tift was terminated once again. Tift requested arbitration of his termination through his
union and he was reinstated in 2003. The conditions of his reinstatement required Tift to see an
addictionologist and undergo random drug testing for a period of two years.
Tift filed a lawsuit against American. Included in the lawsuit as defendants were David McKenas,
AmericanÆs corporate medical director; Mark Uriarte, the ramp manager; and Thomas Bettes, a
corporate medical director. In his complaint, Tift alleged discrimination and harassment under
the California Federal Employment and Housing Act (FEHA), retaliation, and tortious violation of
public policy.
Damages
The plaintiff sought back pay for the periods following each of his three terminations. The plaintiff also sought punitive damages.
Injuries
The plaintiff claimed he suffered from stress and hypertension as a result of the defendantÆs treatment of him. In addition, the plaintiff claimed injuries consisting of loss of enjoyment of life, emotional distress and pain and suffering.
Result
The parties settled for $325,000.
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