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Employment Law
Wrongful Termination
Gender Discrimination

Angie Louise Covello v. Unocal Corporation, Inc. et al.

Published: May 10, 1997 | Result Date: Feb. 28, 1996 | Filing Date: Jan. 1, 1900 |

Case number: 5109483 –  $0

Judge

Frank J. Creede Jr.

Court

Fresno Superior


Attorneys

Plaintiff

Mary Louise Frampton

Scott W. Williams


Defendant

K. Poncho Baker

Kimberly A. Gaab


Experts

Plaintiff

Dorothy Young
(medical)

Gerald D. Martin
(technical)

Defendant

Howard B. Terrell
(medical)

Facts

In December 1981, plaintiff Angie Louise Covello, a 36-year-old cathodic protection (CP) technician, began working for defendant Unocal Corporation (Union Oil Company of California) as a "roustabout." She was the first and last woman hired by the defendant in its Coalinga District. In 1986, the plaintiff was accepted into the utility gang in and around Coalinga. In November 1988, the plaintiff accepted a promotion and became one of three CP technicians in the Northern California Pipeline Division. The plaintiff replaced a male co-worker who had been removed due to performance concerns. From November 1988 to July 1992, the plaintiff continued in the position of a CP technician, except for a three-month unrelated medical leave from January 1992 to March 1992. The plaintiff and the other two male CP technicians were supervised by a male supervisor. In June 1992, the plaintiff began experiencing medical problems and stress, which she related to the working conditions. In July 1992, the plaintiff performed one of her required monthly work tasks in three days, one day longer than the two-day performance goal set by her male supervisor. The plaintiff was subsequently totally disabled by her doctor and never returned to work. The defendant, pursuant to the company's long-term disability policy, terminated the plaintiff's employment based on her failure to return to work within one year after sick leave benefits were exhausted. The plaintiff brought this action against the defendant based on wrongful termination, gender discrimination and hostile work environment theories of recovery.

Settlement Discussions

Per the defendant, the plaintiff made an informal indication that she would accept $60,000 before trial. Per the plaintiff, the plaintiff made a settlement demand of $125,000 wtih indications of flexibility. The defendant made a C.C.P. º998 offer of compromise for $15,000 plus cost and attorney's fees late amended to $40,000 prior to trial, with each party bearing their own fees and costs.

Specials in Evidence

$608,238 (past and future)

Damages

The plaintiff asked for damages between $600,000 and $1.2 million.

Injuries

The plaintiff claimed she suffered emotional distress, chronic fatigue, superventricular, tachy cardia, anxiety and adjustment disorder with depression.

Other Information

The verdict was reached approximately two years and six months after the case was filed. A mediation was held on Dec. 4, 1995 before Judge Patricia Hersen, retired of JAMS/Endispute. It did not resolve the matter. The palintiff's motion for new trial was granted based on juror misconduct. The defendant has filed a notice of appeal.

Deliberation

1+ days

Poll

9-3

Length

15 days


#95153

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