Facts

Plaintiff Maria Martinez filed suit against her former employer defendant Rite Aid Corp., and pharmacy mangers Brad Lohman, and Kien Chau, claiming she was wrongfully terminated.

PLAINTIFF'S CONTENTIONS:
Plaintiff was terminated from her job in 2007 after working there for over 23 years. Plaintiff claimed she was wrongfully terminated and subjected to intentional infliction of emotional distress in 2006 and 2007 due to harassment, discrimination, and retaliation. She claimed her career was destroyed from her termination.

DEFENDANT'S CONTENTIONS:
Defendants acknowledged the termination but claimed the damages she was requesting were unreasonable. Defendants argued that the evidence showed plaintiff had held three jobs subsequent to her termination, which, defendant claimed, showed her functionality and lack of occupational impairment from any emotional distress she suffered as a result of her termination back in 2007.

Settlement Discussions

Defendants made a CCP 998 demand for $1 million.

Damages

Plaintiff was a pharmacy technician. She earned approximately $34,000 per year, on average. Plaintiff asked the jury to award her over $18 million in compensatory damages.

Result

The jury awarded plaintiff $321,000 in compensatory damages, against Rite Aid for wrongful termination, and $20,000 against Chau, for intentional infliction of emotional distress. Brad Lohman and other individual defendants were dismissed during the first trial.

Other Information

A prior jury awarded plaintiff $8.2 million but that verdict was overturned on appeal, and remanded for a new trial on damages.

Deliberation

four hours

Length

three weeks