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Employment Law
Constructive Discharge
Racial Discrimination

Robert Etter v. Veriflo Corporation, et al.

Published: May 3, 1997 | Result Date: Jan. 24, 1997 | Filing Date: Jan. 1, 1900 |

Case number: C9600569 –  $0

Judge

John F. Vannucci

Court

Contra Costa Superior


Attorneys

Plaintiff

Louis A. Highman

Bruce J. Highman


Defendant

George J. Tichy II

Arthur Eidelhoch


Experts

Plaintiff

David Bradwell
(technical)

Lester Campbell
(medical)

Rhoma D. Young
(technical)

Defendant

John R. McLean, (reitred)
(technical)

Gerda Steele
(technical)

William R. Tatomer
(medical)

Facts

During 1995, plaintiff Robert Etter, a 38-year-old African-American, was employed by Kelly Temporary Services and assigned to work in the storeroom of defendant Veriflo Corporation. The plaintiff alleged that he was subjected to repeated racial slurs by the defendant's employee, defendant assistant supervisor Anita Grigsby. He left the assignment. The plaintiff brought this action against the defendant based on violations of the California Fair Employment and Housing Act theories of recovery.

Settlement Discussions

The plaintiff made a settlement demand for $130,000 (per the plaintiff) or $260,000 (per the defendants). The defendant made a settlement offer of $50,000 (per the plaintiff).

Damages

The plaintiff asked the jury for damages in the amount of $175,000 (per the plaintiff or) or approximately $1 million which included punitive damages and attorney's fees (per the defendants).

Injuries

The plaintiff claims to have suffered emotional distress as a result of the incident.

Other Information

The verdict was reached approximately one yar after the case was filed. Per the defendants, this case represented an attempt to expand liability for employers to temporary worker, even though those workers are employees of another employer.

Deliberation

3+ hours

Poll

12-0

Length

3 weeks


#95152

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