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Employment Law
Disability Discrimination
Failure to Accommodate

Paul Kukreja v. Leo Grillo, Dedication and Everlasting Love to Animals, and Does 1 through 20

Published: Jan. 23, 2016 | Result Date: Sep. 11, 2015 | Filing Date: Jan. 1, 1900 |

Case number: BC532962 Verdict –  $24,360

Court

L.A. Superior Central


Attorneys

Plaintiff

Brian G. Hannemann

Jonathan A. Weinman


Defendant

Jonathan Fraser Light
(LightGabler)

Darth K. Vaughn
(Sanders Roberts LLP)


Facts

Paul Kukreja sued Leo Grillo, and Dedication and Everlasting Love to Animals, alleging wrongful termination. Grillo was later taken out of the case.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff began working for the non-profit animal sanctuary, as a veterinary technician in 2012. On Nov. 7, 2013, he slipped and fell, resulting in a groin injury and a strained muscle in his right thigh. Plaintiff worked through the pain, but on the third day, he finally requested accommodation. Though defendant initially assigned a helper to help him, it ultimately decided to fire him four days later. Plaintiff then sued, alleging disability discrimination and wrongful termination.

DEFENDANT'S CONTENTIONS:
Defendant allegedly fired plaintiff for his poor job performance. As an example, plaintiff allegedly skipped out on sections and gave the wrong medications.

Damages

Kukreja requested $27,000 in lost wages/economic damages.

Injuries

Kukreja allegedly suffered emotional distress from being fired.

Result

The jury sided with Kukreja, finding that his disability, rather than his allegedly poor job performance, was a substantial factor in defendant's decision to terminate him. Further, that the helper Dedication and Everlasting Love to Animals provided was not a reasonable accommodation. Accordingly, the jury awarded Kukreja $24,360 in total damages, including $9,360 in past lost earnings and $15,000 in emotional distress damages.

Other Information

The court awarded post trial costs of $14,832.77, and $109,620 in attorney fees to Kukreja as the prevailing party. According to the defense, despite multiple impeachment of plaintiff, jury found fault with the employer's HR processes. Costs requested were $30,000 and the court awarded $15,000. Experts identified were not used by plaintiff therefore no expenses associated with them were awarded. Attorney fees requested were $659,000 and court awarded $109,000. FILING DATE: Jan. 10, 2014.

Deliberation

one day

Length

three days


#98390

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