Facts

Plaintiff Alfred McKnight was employed with the City of Santa Monica from late 2007 through early 2009. Plaintiff filed a suit against his former employer defendant City of Santa Monica and defendant Adolfo Ernesto Crespo, a superintendent in his department, claiming he was discriminated because of his physical and mental disability.

PLAINTIFF'S CONTENTIONS:
Plaintiff injured his head on the job in December 2007, for which he filed a workers' compensation claim, and then aggravated pre-existing injuries to his back and neck as a result of a vehicle collision on the job on July 3, 2008, for which he also filed a workers' compensation claim. He was off of work on disability for almost five months, until late November 2008, and then returned to full duties as a bus driver.

Plaintiff claimed defendants discriminated against him because of his disabilities, failed to prevent the discrimination, failed to engage in the interactive process and failed to accommodate his disabilities while he was employed with the city. Plaintiff also claimed that the alleged complaints about him were false and a pretext for his termination.

DEFENDANTS' CONTENTIONS:
Defendants contended that they did not discriminate against plaintiff due to his stutter or other disabilities, nor was he terminated for any improper reason. Defendant contended that all new city employees are on probation for their first year, during which they are evaluated and may be terminated while on probation at any time for any lawful reason. Pursuant to the Santa Monica Municipal Code, plaintiff's period of probation was extended for the amount of time that he was off on disability, and was extended to April 2009.

The city alleged it had received numerous complaints from both passengers and other bus drivers, and those complaints were documented, and his supervisors, told plaintiff about them during his three-month, six-month and nine-month performance evaluations. At his nine-month evaluation, he was warned that he could not have any more miss outs, late reports or complaints. On Jan. 22, 2009, plaintiff was separated on probation due to his job performance, following several new, additional complaints about his driving and engaging in unsafe conduct involving passengers.

Settlement Discussions

Plaintiff's last demand prior to trial was $300,000. Defendants' last offer prior to trial was $5,000.

Specials in Evidence

$250,000

Damages

Plaintiff claimed lost earnings and benefits, emotional distress, depression and embarrassment.

Result

The jury returned with a verdict in favor of defendants as to the causes of action for failure to accommodate plaintiff's disabilities and failure to engage in the interactive process with him.

Other Information

Previously, at the close of evidence of the trial, the court granted defendants' Motion for Directed Verdict as to the causes of action for disability discrimination and failure to prevent discrimination. Plaintiff has filed a Notice of Appeal. FILING DATE: Nov. 30, 2010.

Deliberation

four hours

Poll

11-0

Length

six days