David Gregory v. Advanced Processing Laboratories, Inc., and Preston Drake
Published: Aug. 3, 1996 | Result Date: Apr. 30, 1996 | Filing Date: Jan. 1, 1900 |Case number: 687351 – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
Tore Tjersland
(technical)
Steven V. Edelman M.D.
(medical)
Defendant
Roger A. Thrush Ph.D.
(technical)
Roberta J. Spoon
(technical)
Facts
The plaintiff, David Gregory, a ____-year-old diabetic, worked as a software engineer and customer service representative for defendant Advanced Processing Laboratories ("AP Labs") from October of 1993, until he was laid off in January of 1995. During the first 10 months of the plaintiff's employment at defendant AP Labs, he informed neither his former supervisor, defendant Preston Drake, or any other AP Labs manager that he was diabetic. In August of 1994, the plaintiff's blood sugar level became abnormal and he required time off from work. The plaintiff explained his condition to defendant Drake, who was defendant AP Labs' vice president engineering and to the company's chief operating officer, Richard Wank. Both defendant Drake and Wank told the plaintiff to take as much time off as he needed. Defendant AP Labs claimed that it allowed the plaintiff broad latitude to take off from work due to illness and to attend doctor's appointments related to his diabetic condition whenever he felt it was necessary. Defendant AP Labs allegedly paid the plaintiff for 12 sick days even though company policy provided for only four paid sick days. Additional accomodations sought by the plaintiff due to his diabetic condition were satisfied by the company, including air conditioning his office and training the plaintiff's supervisor to administer insulin to the plaintiff in the event of an emergency. In October of 1994, the plaintiff was transferred from defendant Drake's supervision to a customer support position under the supervision of Roger Mansard. In January of 1995, the plaintiff was laid off. The plaintiff brought this action against the defendants, AP Labs and Preston Drake, based on wrongful discharge, retaliation and violation of the California Fair Employment and Housing Act theories of recovery.
Settlement Discussions
No settlement demands and offers were exchanged.
Specials in Evidence
$______ $_______ $______________ $__________
Damages
The plaintiff claimed $___________ in damages.
Other Information
The verdict was reached approximately ____ years and _____ months after the case was filed. A settlement conference/arbitration/mediation was held on ___/___/19____ before ___________ (name) of ___________ (affiliation or court) resulting in ______________ . Defendant Drake became dissatisfied with the plaintiff's work performance many months before defendant Drake became aware that the plaintiff was diabetic. Prior to trial, the plaintiff's claim under the California Family Rights Act was dismissed by the assigned Independent Calendar Judge, Barbara T. Gamer, on the defendant's motion for summary judgment/summary adjudication.
Deliberation
45 minutes
Poll
12-0
Length
7 days
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