Dawn Gary v. Wayde Nichols, Accent Mobile Homes of San Diego Inc.
Published: Sep. 3, 2005 | Result Date: Dec. 10, 2004 | Filing Date: Jan. 1, 1900 |Case number: GIN034303 Verdict – $206,615
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Facts
Plaintiff Dawn Gary worked as a sales manager for defendant Accent Mobile Homes, a mobile home dealership.
After 13 months of employment, she was terminated. She was notified of her termination by voice mail as she
was undergoing a medical procedure for colitis. Prior to the medical procedure, she had been hospitalized for
several days and had to miss work. While still an employee at the dealership, the plaintiff testified at a former
employee's EDD hearing for unemployment benefits, resulting in a finding against her employer. She filed suit
against Wayde Nichols, as an individual, and Accent Mobile Homes.
Settlement Discussions
The defendant offered to waive costs in exchange for a dismissal with prejudice. The plaintiff made a C.C.P. Section 998 demand for $150,000 before trial.
Result
The plaintiff prevailed on her wrongful termination claim, which was based on the theory that she was fired because she refused to give false information to the EDD and because her employer owed her $3,000 in back wages. As against Accent Mobile Homes, the jury awarded the plaintiff $224,350, which was reduced to $182,850 after a Judgment Notwithstanding the Verdict was granted on the intentional infliction of emotional distress cause of action. The Court awarded costs, attorney's fees, and a penalty under Labor Code Section 206, for a total judgment of $206,615.
Other Information
Accent Mobile Homes is appealing.
Deliberation
three days
Poll
9-3 (wrongful termination for plaintiff), 10-2 (nonpayment of wages for plaintiff), 9-3 (intentional infliction of emotional distress for plaintiff)
Length
five days
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