Benham v. Bonita Homes Inc.
Published: Mar. 30, 2002 | Result Date: Nov. 16, 2001 | Filing Date: Jan. 1, 1900 |Case number: CV991091 Verdict – $0
Judge
Court
San Luis Obispo Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Karen Smith
(technical)
Matthew Schwall
(technical)
Defendant
Donald Schwartz
(medical)
Jerry Reiss
(technical)
Facts
The defendant hired the plaintiff on Sep. 15, 1997 as a construction superintendent. Soon thereafter, the defendant
learned that the plaintiff had severe physical limitations due to prior neck and back injuries but it continued to
accommodate the plaintiff. The plaintiff had a cervical fusion in September 1998 and returned to work in early
November 1998 without any written medical release or medical restrictions. The defendant gave plaintiff a
desk job, asking him to assess the viability of developing a piece of commercial property and to prepare a
report.
After reviewing the report, the defendant terminated the plaintiff one month after the plaintiff returned to work.
Two months after, the plaintiff was terminated, the plaintiff filed a workerÆs compensation claim.
Settlement Discussions
The plaintiff submitted a demand of $250,000; the defendant offered $5,000.
Specials in Evidence
$76,656 $70,800 to $282,000
Deliberation
two hours
Poll
10-2 (defense)
Length
eight days
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