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Employment Law
Wrongful Termination
Disability Discrimination

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

Roger T. Picquet

Court

San Luis Obispo Superior


Attorneys

Plaintiff

Lauren J. Udden


Defendant

Victoria A. Berry


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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