Facts

Plaintiff, Jacques Vo, has a vision impairment disability. He began working at defendant Valley Dodge in February 1997 as a car salesman. In 2001, his vision deteriorated to 20/200 and he lost his driver's license. At that time, defendant accommodated his disability by having a porter bring the vehicles from the parking lot for test drives.

In August 2006, plaintiff contracted an eye infection which required a medical leave of absence, and his health care provider at Kaiser provided a "documentation of medical impairment" (DMI).

In June 2007, his vision had returned to his pre-medical leave status, and he attempted to return to work. He provided a return to work note releasing him to return to work on June 29, 2007. Plaintiff was told that there was no work for him.

In July 2007, plaintiff again attempted to get his job back.

Since plaintiff had no job, Kaiser suggested that he attempt to get his State Disability extended. On July 23, 2007, Kaiser executed another DMI identical to the August 2006 note that placed him on medical leave. Plaintiff did not use this DMI because he learned that State Disability lasted only one year. However, Kaiser must have provided the note to Valley Dodge. Valley Dodge terminated plaintiff on July 23, 2007 on the basis of the Kaiser DMI.

On July 30, 2007, plaintiff met with the office manager and asked her to assist him in getting his job back. The manager suggested that if plaintiff brought another note in, maybe they would change their minds. Plaintiff again brought a release from his physician for him to go back to work dated Aug. 9, 2007. He again was told that there was no job for him.

On Aug. 27, 2007, Valley Dodge provided plaintiff with a letter stating that he was not allowed to return to work because "his vision condition at time of return did not meet the criteria for reinstatement" and that "there were no equivalent positions available."

From July 2007 through May 2008, Valley Dodge hired 21 new car salespersons.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Valley Dodge discriminated against plaintiff because of his disability; failed to engage in the interactive process; failed to reasonably accommodate his disability; failed to re-hire him because he was disabled and that Valley Dodge failed to prevent disability discrimination.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff was totally disabled and unable to work with or without an accommodation. It was not required to keep his job open for him, nor was it required to re-hire him after his termination. Plaintiff had pre-existing depression because of his vision impairment, and his termination only caused a slight increase in depression for only three months.

Settlement Discussions

Defendant offered $7,501 pursuant to CCP 998, and thereafter refused mediation.

Result

Plaintiff was awarded $312,756.35 in damages, plus attorney fees and costs.

Other Information

Plaintiff was awarded $402,000 in attorneys fees (after 1.5 multiplier) and $25,122 in costs. FILING DATE: March 27, 2008.