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Employment Law
Wrongful Termination
Sexual Harassment

Nancy Lira v. GMBS Corporation dba Taco Bell #178, et al.

Published: Aug. 8, 1998 | Result Date: Apr. 23, 1998 | Filing Date: Jan. 1, 1900 |

Case number: CIV173164 Verdict –  $0

Judge

Roland N. Purnell

Court

Ventura Superior


Attorneys

Plaintiff

James E. Burbidge


Defendant

Alan R. Templeman


Facts

On March 19, 1997, plaintiff Nancy Lira, a 16-year-old fast food preparer, was terminated by defendant Taco Bell. The plaintiff contended that she was terminated by her supervisor to conceal his sexual harassment. The plaintiff claimed he touched her buttocks; told sexually explicit stories and jokes' used obscene language; and permitted employees to swear and tell dirty jokes. The defendants claimed that the plaintiff was terminated for good cause after being warned not to eat from the serving line. The defendants contended there was no hostile work environment; the touching was accidental due to crowded working conditions; and that the supervisor did not tell obscene stories or jokes and tried his best to prevent teenage employees from using obscene language.

Settlement Discussions

The plaintiff made a settlement demand for $150,000 reduced to $20,000 at trial. The defendant made an offer of compromise for $5,000.

Specials in Evidence

$1,500

Injuries

The plaintiff alleged emotional distress.

Other Information

The verdict was reached approximately 11 months after the case was filed. SETTLEMENT CONFERENCE: A mandatory settlement conference was held on March 4, 1998 before Judge William L. Peck resulting in no settlement. Per plaintiffs, the court granted a motion in limine precluding any evidence of the plaintiff's father (the night janitor) being terminated with the plaintiff, a nonsuit was granted on the cause of action for retaliatory termination, and the court granted summary adjudication on the cause of action for gender discrimination.

Deliberation

2½ days

Poll

8-3

Length

four days


#91313

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