Ronald Lemke v. BCI Coca-Cola of Los Angeles
Published: Apr. 5, 2005 | Result Date: Dec. 16, 2004 | Filing Date: Jan. 1, 1900 |Case number: 2002074745 Verdict – $135,000
Judge
Court
Alameda Superior
Attorneys
Plaintiff
Angela M. Alioto
(Law Offices of Joseph L. Alioto and Angela Alioto)
Defendant
Experts
Plaintiff
Joanna Moss
(technical)
D. Jan Duffy
(technical)
Facts
Ronald Lemke was diagnosed with leukemia in 1999. Lemke was unable to continue his customary work as a truck driver. BCI Coca-Cola, rather than terminate Lemke, created an office clerk position for Lemke. He managed to continue his employment with BCI Coca-Cola of Los Angeles, however, from October 1999 to July 2000, he was limited to part-time hours, but returned to full-time status in July 2000. In October 2001, BCI Coca Cola had a reduction in force which eliminated Lemke's job and the jobs of several other more senior clerks. BCI, rather than terminate him as it did the other clerks, moved Lemke to evening checker position. Lemke lodged a complaint about his hours. After his hours were modified, Lemke spoke to management about treatment a black, disabled co-worker had received. His supervisor subsequently wrote him up for absences and tardiness which he claims were unjustified. The write-up was withdrawn, however, when Lemke alleged the absences and tardiness were related to his leukemia. In 2002, Lemke was terminated after he was allegedly videotaped removing objects from the warehouse. Lemke challenged the videotape and was subsequently reinstated. Lemke sued Coca-Cola for disability discrimination under the California Fair Employment and Housing Act (FEHA). He alleged that Coca-Cola failed to accommodate his disability and failed to prevent discrimination based on disability and retaliation.
Specials in Evidence
$35,000
Damages
Unspecified non-economic damages.
Injuries
The plaintiff claimed he suffered from severe emotional distress. He also suffered from fatigue due to the treatment he received from Coca Cola.
Result
The jury found the defendant liable for disability discrimination, but not liable on the other five counts.
Deliberation
five days
Length
10 days
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