Edward Pensinger v. Bowsmith, Inc.
Published: May 22, 1999 | Result Date: Mar. 15, 1999 | Filing Date: Jan. 1, 1900 |Case number: 95169697 Verdict – $0
Judge
Court
Tulare Superior
Attorneys
Plaintiff
Philip W. Ganong
(Ganong Law Office)
Defendant
Bren K. Thomas
(Jackson Lewis )
Facts
The plaintiff in the case was a 48-year-old outside salesman responsible for California as sales for the defendant, which manufactures micro irrigation products for distribution nationwide. The plaintiff worked for the defendant for 12 years. During that time, his job duties and responsibilities remained essentially the same. The plaintiff brought this action against the defendant based on breach of contract and disability discrimination theories of recovery.
Settlement Discussions
The parties had a number of settlement conferences, but the final settlement demand from the plaintiff was $300,000. The defendant made an offer of $15,000.
Damages
The plaintiff contended that he was entitled to compensation in the amount of $970,000 for the difference between th amount plaintiff was earning over the last three years of his employment with defendant and the amount he was earning in his employment subsequently, to his termination.
Other Information
The verdict was reached approximately five years after the case was filed because of an appeal from a summary judgment.
Deliberation
six hours
Poll
9-3
Length
10 days
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