Thomas M. White v. Ultramar, Inc.
Published: Mar. 4, 1995 | Result Date: Feb. 9, 1995 | Filing Date: Jan. 1, 1900 |Case number: 670423 – $342,000
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Leonard C. Herr Jr.
(Herr, Pedersen & Berglund LLP)
Experts
Plaintiff
Peter Stafford
(technical)
Tore Tjersland
(technical)
Defendant
Roger A. Thrush Ph.D.
(technical)
Arthur Brochester
(technical)
Facts
On July 19, 1993, Plaintiff Thomas M. White testified at an unemployment compensation hearing for his former manager who had been terminated. White was a 22-year-old assistant manager of a Defendant Ultramar, Inc., convenience store. On his way to the compensation hearing, White stopped at the convenience store to pick up a co-worker who was also scheduled to testify. White helped himself to a Mountain Dew drink and his co-worker filled a cup of coffee. Defendant Ultramar, Inc., had a free drink policy for its employees while on duty, providing they used their own cups. When their current manager asked if they were going to pay for their drinks, White allegedly said, "We'll bring back the cups." White testified at 10 a.m. and was fired that same day at 3:30 p.m. White had been employed by Defendant Ultramar, Inc., for approximately 2 years. He worked full time for 8 months of that period.
Settlement Discussions
Plaintiff contends that he demanded $100,000 and that Defendant offered $35,000.
Specials in Evidence
$58,000 (per Plaintiff) $2,543 (per Defendant) $271,000 (per Plaintiff) $0 (per Defendant)
Damages
Past and future loss of earnings.
Deliberation
1.5 days
Poll
10-2
Length
6 days
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