Facts

Jose Rivera sued Costco Wholesale Corp. and Steve Hall, in connection with his employment with the company.

PLAINTIFF'S CONTENTIONS:
Plaintiff was a forklift operator for Costco for 12 years. Plaintiff suffered from disabilities associated with ailments of the shoulder, knee and back, of which he claimed Costco was aware. Plaintiff had taken several medical leaves for these conditions. Costco claimed that plaintiff was terminated for grabbing his female supervisor in a forceful, aggressive manner, after his supervisor gave him a directive. Plaintiff contended that the "touching" was exaggerated by his supervisor, and that plaintiff was actually terminated based on an email from the general manager, which stated, "Jose has missed a lot of time."

DEFENDANTS' CONTENTIONS:
Costco alleged that Rivera was fired because he was excessively absent, and for grabbing a female supervisor. Costco alleged that it had valid reasons for terminating plaintiff's employment.

Injuries

Plaintiff claimed he suffered from neck and shoulder injuries.

Result

The jury awarded Rivera $1.187 million in damages, including $1.18 million for his disability discrimination claim, and $500,000 for his defamation claim. Plaintiff's Fair Employment and Housing Act retaliation claim was dismissed on non-suit, and the jury rejected the wrongful termination in violation of public policy claim, regarding the safety complaint made to the manager.

Other Information

Post trial, the court granted a non-suit, nun pro tunc, as to the defamation cause of action, reducing the judgment by $500,000. Post trial motions for attorney fees are pending. FILING DATE: Dec. 13, 2012.