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Employment Law
Fraud
Negligent Misrepresentation

Charles Whelan v. LSG Sky Chefs Inc.

Published: May 4, 2004 | Result Date: Feb. 18, 2004 | Filing Date: Jan. 1, 1900 |

Case number: SACV031016JVS Verdict –  $0

Judge

James V. Selna

Court

Orange Superior


Attorneys

Plaintiff

Grant Carlson


Defendant

Thomas R. Kaufman
(Sheppard, Mullin, Richter & Hampton LLP)


Experts

Plaintiff

Karl J. Schulze
(technical)

Defendant

Ted Vavoulis
(technical)

Facts

Plaintiff Charles Whelan, age 55 and retired, sued his former employer, defendant LSG Sky Chefs Inc. for fraud and for negligent misrepresentation. He contended that the defendant had intentionally or negligently misled him about his retirement benefits. The defendant contended that the plaintiff was informed that the company froze its pension plan benefits and eliminated the option of retirement at 55.

Settlement Discussions

The plaintiff made a demand of $525,000. The defense made an offer of $50,000.

Damages

The plaintiff sought $800,000 in lost income (the difference between what he would have earned had he not retired and what he was capable of earning outside Sky Chefs) and another $400,000 for emotional distress. He also sought punitive damages.

Deliberation

eight hours

Poll

8-0

Length

five days


#87559

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